The purposes of the By-Law include, but are not limited to, the following: to lessen Foremost among these are provisions mandating density and the Housing Choice provisions. These regulations are enacted to promote the general welfare of the Town of Swansea, to protect the health and safety of its inhabitants, to encourage the most DHCD will also have authority to enact regulations to allow extension for good cause of the three-year period for returning such incentive payments in the event construction has not commenced on an approved project during such time period. The Act defines natural resource protection zoning as zoning enacted principally to protect natural resources by promoting compact patterns of development and concentrating development within a portion of a parcel of land so that a significant majority of the land remains permanently undeveloped and available for agriculture, forestry, recreation, watershed management, carbon sequestration, wildlife habitat, or other natural resource values; modify local regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, open space, parking, and building coverage requirements to allow for additional housing units beyond what would otherwise be permitted under existing zoning; or. Section 3 Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences. of the Zoning Act, MGL c. 40A, as amended, Section 2A of 1975 Mass. 2. Learn More Here! Massachusetts Enacts Significant Zoning Changes as Part of Economic Stimulus Legislation. For those communities that are specifically identified in the MBTAs enabling legislation in Chapter 161A or have otherwise been designated by the MBTA as an other served community (collectively, MBTA Communities), such communities must now have a zoning by-law or ordinance that provides for at least one zoning district of reasonable size in which multi-family housing is allowed as of right with no age restrictions and that is suitable for families with children. Prior to the Act, all special permits and changes to zoning by-laws or ordinances required a 2/3 vote to be approved. This update is for information purposes only and should not be construed as legal advice on any specific facts or circumstances. Zoning in Boston is governed by c. 665 of the Acts of 1956, as amended (the Enabling Act), not by M.G.L. A reduced parking space to residential unit ratio requirement if the reduction results in the production of additional housing units. Massachusetts and amendments thereto, herein called the Zoning Act. to, the provisions of the Zoning Act, G.L. 1. Dubbed the Housing Choice Initiative, the Act has amended Chapter 40A in the areas described below, While the Act does not answer this question definitively, this new language provides some additional support that they may be. Widely referenced as merely 40A. Many prior The Comprehensive Permit Act is a Massachusetts law which allows developers of affordable housing to override certain aspects of municipal zoning bylaws and other requirements. Section 1 Title of chapter. The Act also provides a different special permit standard for reduction in parking that municipalities may adopt if they choose. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. Notify Me. If general and zoning bylaws appear separately on Section 9: Special permits. The purpose of the Zoning Bylaw is to promote the health, safety, convenience, morals and welfare of the Town of Adams as authorized by the General Laws of the Commonwealth of Massachusetts, Chapter 40A and any amendment. No zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two-thirds vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are two branches, or by a two-thirds vote of a town meeting; provided, however, that if in a city or town with a council of fewer than MGL c. 40B Regional planning. Where the Zoning Act is amended from time to time after the effective date of this bylaw and where such amendments are mandatory, such amendments shall supersede any regulations of this bylaw which have been set forth on the basis of the Zoning Act in 1200. c. 40A, as amended, Section 2A of 1975 Mass. Section 2 Repealed, 1987, 685, Sec. This voting threshold has proved to be problematic for project proponents and advocates of particular zoning changes, as a special permit or zoning amendment could have the support of a majority of the members of the applicable local governing body but ultimately fail to obtain the 2/3 vote required for approval. The Act made a few key changes to Chapter 40R: The Act requires DHCD, in consultation with the MBTA and the Massachusetts Department of Transportation, to issue guidelines to determine if an MBTA Community is in compliance with the Acts provisions requiring the enactment of MBTA Community zoning districts. On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the Act). 101 Arch Street, 12th Floor Boston, MA 02110-1109 (617) 556-0007 pcantor@k-plaw.com An Act Enabling Partnerships for Growth, Chapter 358 of the Acts of 2020 (the Act) has amended Chapter 40A of the Massachusetts General Laws in a Gives cities and towns authority to adopt ordinances and bylaws to regulate the use of land, buildings and structures. After years of trying to make more substantial changes to Massachusetts state wide zoning laws, state lawmakers finally made history when Governor Charlie Baker signed into existence the greatest shake up in legislationgreatest shake up in legislation Section 5 Adoption or change of zoning ordinances or by-laws; procedure. This advisory summarizes key changes to Massachusetts zoning law. Several of the changes were taken from Governor Bakers often-touted Housing Choice bill. c. 40A The Zoning Act. Recycling & Trash. MGL c. 40A Zoning. Agendas & Minutes. Under the rules of the Supreme Judicial Court of Massachusetts, this material may be considered as advertising. This feature is exclusive to users ofMyLegislature, Copyright 2021 The General Court of the Commonwealth of Massachusetts, Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences, Adoption or change of zoning ordinances or by-laws; procedure, Existing structures, uses, or permits; certain subdivision plans; application of chapter, Enforcement of zoning regulations; violations; penalties; legally nonconforming structures; notice of action; jurisdiction of superior court, Special permits for adult bookstores, adult motion pictures theaters, adult paraphernalia stores, adult video stores or establishments which display live nudity, Child care facilities; allowable floor area; charges of owner; family incomes, Notice requirements for public hearings; parties in interest defined; review of special permit petitions; recording copies of special permit and variance decisions, Zoning administrators; appointment; powers and duties, Appeals to permit granting authority; notice; time; boards of appeal hearings; procedure, Final unfavorable decisions by permit granting authorities; reconsideration; withdrawal of petitions for variance or applications for special permit. Measuring gross density requires including land occupied by public rights-of-way and any recreational, civic, commercial, and other nonresidential uses, and the minimum gross density may be subject to further limitations under the Massachusetts Wetlands Act and Title 5 regulations. MASSACHUSETTS ZONING LAW _____ A Summary of 2013 Appellate Cases For MCLE Zoning Practice February 11, 2014 Patricia A. Cantor, Esq. Multi-family housing that is proposed within mile of a commuter rail station, subway station, ferry terminal, or bus station, provided that not less than 10% of the housing is affordable to and occupied by households with annual income less than 80% of Area Median Income and whose affordability is assured by a minimum 30-year affordable housing restriction; Mixed-use development in centers of commercial activity within a municipality, subject to the same affordability requirements referenced above for multi-family housing; or. Additionally, within a starter home zoning district, mixed-use developments shall only be permitted if the proposed density achieves a minimum of four units per acre. In Massachusetts, the Citizens Housing and Planning Association (CHAPA)an NLIHC state partnerand a coalition of affordable housing and community development organizations successfully advocated for the passage of H.5250, An Act Enabling Partnerships for Growth. The legislation includes the first comprehensive zoning reform changes in Massachusetts in 40 years and The Act does not specify whether such a zoning amendment would require a 2/3s or simple majority vote. These communities would no longer be eligible for funding from the Governors Housing Choice Initiative, the Local Capital Projects Fund, and the MassWorks infrastructure program. 774 of the Acts 1969, also known as the Comprehensive Permit Statute, Ch. This section includes resources to help you understand Boston's Zoning Code, the BPDA's involvement with zoning, and more. Includes procedures for special permits, variances, appeals and public notification. The Act requires each such zoning district to have a minimum gross density of 15 units per acre and be no more than mile from a transit station. Please enter your email address. This is a collection of Massachusetts city and town ordinances or bylaws available online. Understanding this Years Changes to Massachusetts Zoning Act. Enabling law allows local communities to create zoning bylaws and ordinances under their police powers. The left-hand column of each section of the booklet includes bold-faced annotations which are not part of the law but which have been inserted to facilitate research. B. Nutter will continue to follow these developments and others as cities and towns begin to adopt these zoning changes. The Act amends Section 17 of Chapter 40A to allow a court to require a plaintiff who appeals a special permit, variance, or site plan to post a surety or cash bond of up to $50,000 to pay costs if the court finds that the harm to the defendant or the public from the delays caused by the appeal outweighs the financial burden to the plaintiff. 2021 Nutter McClennen & Fish LLP. 40B or the Anti-Snob Zoning Act, encourages the Construction of Affordable Housing using locally granted permits.
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