Lakeville City Zoning Code

780 CMR of the Massachusetts State Building Code, which address floodplain and coastal high hazard areas.

310 CMR 10.00, Wetlands protection, Department of Environmental Protection.

310 CMR 13.00, Inland Wetlands Restriction, DEP.

310 CMR 15, Title 5, minimum requirements for the subsurface disposal of sanitary sewage, Department of Environmental Protection.

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

The Town of Lakeville will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files.

The Town of Lakeville shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing, over the signature of a community official that:

Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.

Good and sufficient cause and exceptional nonfinancial hardship exist;

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

This bylaw shall be enforced by the Building Commissioner appointed by the Select Board, and upon any well-founded information as to a violation, immediate steps to enforce this bylaw in any manner provided by law shall be taken. If the Building Commissioner declines to act upon a written request to proceed against an alleged violation, he shall notify, in writing, the party making such request of the reasons for nonaction within 14 days of the receipt of such request.

When enforced in accordance with the provisions of MGL c. 40, § 21D, the penalty shall be as follows:

A buffer zone, not less than 100 feet in depth, shall be continuously maintained along all exterior boundary lines.

"Buffer zones," defined for the purposes of this bylaw as designated areas providing or designed to provide visual and special protection for adjoining land areas, shall have natural vegetation or grass, bushes and trees suitably landscaped. Driveways, roads or walkways shall be allowable within 100 feet of existing streets for access purposes. No parking access shall be built within the buffer zone.

Informational signs, fences, hedges and earthen berms may be maintained within a buffer zone, to be of appropriate design and location.

For the purposes of determining compliance with provisions of the PSP District, the applicant shall submit a site plan to the Planning Board of the Town of Lakeville prepared by a registered professional engineer in the quantities and scale required, oriented to true North, and showing boundaries of the district; of the lots in question; names of abutting owners; natural and man-made features, including any wetlands and the boundaries of a wetlands district; and the location of existing and proposed structures and means of access, roadways, parking areas, buffer zones and landscaped areas.

Streets shall be constructed and utilities designed and installed in accordance with the Rules and Regulations of the Planning Board in effect at the time of the filing of the site plan.

Special permits shall only be issued for uses, buildings and structures which are in harmony with the general purpose and intent of this bylaw and subject to its general or specific provisions and only if the special permit granting authority finds that the following conditions are met:

The special permit granting authority shall determine that the proposal generally conforms to the principles of good engineering, sound planning, and correct land use, and that the applicant has the means to implement the proposal if a special permit is granted.

The special permit granting authority shall have the power to impose reasonable conditions and modifications, including limitations of time and use, as a condition of a special permit, and may secure compliance or performance by requiring the posting of a bond or other safeguards.

Golf courses, once allowed, shall be permitted to make modifications and additions to principal buildings and construct accessory buildings, provided all other requirements are complied with.

Application for special permits shall be on such forms or in such manner as the special permit granting authority may specify and in accordance with its rules and regulations, and shall be submitted together with all required exhibits and site plans.

The plans shall include, but not be limited to, pertinent information where applicable in regard to the following: lot boundaries, names of abutting owners, streets contiguous to the site, vegetation, existing and proposed roadways, existing and proposed buildings, location of sources of water, sewage disposal, parking, ponds, wetlands, known permanent monuments and other cross sections, profiles and contour maps required to describe the proposal. The plans shall be prepared by a registered engineer. The site shall show existing, intermediate, and final ground levels with those of adjacent properties, and shall indicate natural surface water flows and drainage ditches, if any.

Any dwelling preexisting or allowed by a special permit in a Business-zoned area shall be allowed all rights of use as if in a Residential District without a special permit so long as all residence district regulations are met.

Copies of the project plan will be referred to the following boards or individuals within 14 days for their review and input:

Comments from these officials must be received by the special permit granting authority within 35 days of the plan's distribution, or else the special permit granting authority will assume their acceptance of the plan. Failure of any of these Town officials to report on the proposal does not in any way exempt the applicant from compliance with the rules and regulations administered by those boards or individual officials.

Planning Board associate member. There shall be one associate member recommended by the Planning Board and appointed annually by the Select Board for a one-year term. The Chair may designate the associate member to sit on the Board for purposes of acting on special permit applications in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board.

SPGA: Board of Appeals; all districts.

Compatible with other uses nearby, adequate access and parking. May be permitted on a lot other than the locus of the principal use.

SPGA: Board of Appeals; all districts.

Must be limited to sale of products grown on the premises, safe and adequate access and parking.

SPGA: Board of Appeals; Industrial District.

Adult bookstores and motion-picture theaters may not be located within 1,000 feet of each other and 500 feet of the nearest lot lines of:

Adult bookstores, motion-picture theaters and all advertising signs shall not be located within 50 feet of a public or private way and must be set back a minimum of 50 feet from all property lines.

The application must include the following information:

Special permits for adult bookstores/adult motion-picture theaters shall not be granted to any person convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28.

Special permits for adult bookstores/adult motion-picture theaters shall only be issued following public hearings held within 65 days after filing an application with the special permit granting authority, a copy of which the applicant shall give to the Town Clerk simultaneously.

A special permit for adult bookstores/adult motion-picture theaters shall lapse within one year, including the time required to pursue or await the determination of an appeal filed pursuant to MGL c. 40A, § 17, 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.

All marijuana uses, including adult use marijuana establishments, marijuana retailers, and registered marijuana dispensaries, shall require a special permit from the Zoning Board of Appeals, *and shall only be permitted to locate within the Marijuana Overlay District, as shown on the Town's Zoning Map. All allowed uses and special permit uses in the underlying district shall remain allowed by right or by special permit as designated in § 270-4.1, Table of Use Regulations.

Marijuana uses shall not be located within 500 feet of a public or private school providing education in kindergarten or Grades 1 through 12. The distance under this section shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the marijuana use is or will be located.

Adult use and medical cultivation and manufacturing establishments shall be separated from adjacent uses by a fifty-foot buffer strip, unless the applicant can demonstrate, and the Zoning Board of Appeals finds, that adequate buffering can be provided in a narrower buffer strip.

Marijuana uses shall be located only in a permanent building and not within any mobile facility, with the exception of the transporting of marijuana and marijuana products under a marijuana transporter license.

The application for marijuana use special permit shall include the following:

The Zoning Board of Appeals may impose conditions reasonably appropriate to improve site design, traffic flow, public safety, protect water quality, air quality and odor control, and significant environmental resources, preserve the character of the surrounding area, and ensure the marijuana uses are operating under best management practices for energy use, waste disposal and environmental impact. In addition to any specific conditions applicable to the applicant's marijuana uses imposed by the Zoning Board of Appeals, the following conditions shall apply to any special permit granted under this bylaw, unless otherwise stated by the Zoning Board of Appeals:

The permit holder shall notify the Zoning Enforcement Officer and SPGA, in writing, within 48 hours of the cessation of operation, expiration or termination of the permit holder's license or certificate of registration with the Cannabis Control Commission for any marijuana use.

SPGA: Board of Appeals; all districts.

The Board of Appeals may impose certain restrictions, including but not limited to size, height and/or number of buildings or structures.

Accessory building larger than allowed under § 270-6.3C(1).

SPGA: Board of Appeals; Residential, Business Districts.

Dwelling in existence as of January 1, 1978; the dimensions and appearance of a single-family dwelling will be preserved; separate sanitary and kitchen facilities and adequate privacy provided; not incompatible with adjacent nonresidential uses if in a Business or Industrial District.

SPGA: Board of Appeals; Business District.

Subject to applicable General Laws and local bylaws. Must not create nuisance to adjacent properties.

SPGA: Board of Appeals; Business District.

Must be compatible with the surrounding areas, subject to site plan review by the Planning Board.

SPGA: Planning Board; Business District.

Requires submission of site plan as described in § 270-6.7. Adequate provisions must be made for access and parking. Location shall be suitable for traffic generated. Must be compatible with the character of the district.

SPGA: Board of Appeals; Business District.

Subject to a site plan review by the Planning Board, which site plan shall be incorporated into the special permit. Drainage must be contained on-site. Suitable provisions shall be made for proper discharge of water into the ground so as not to pollute groundwater.

SPGA: Board of Appeals; all districts.

Subject to a site plan review by the Planning Board and to approval by the Board of Health and conforming to applicable General Laws. Site plan shall be incorporated into the special permit by reference.

SPGA: Planning Board; Business, Industrial Districts.

Requires submission of site plan as described in § 270-6.7. Adequate provision shall be made for access.

SPGA: Board of Appeals; Residential, Business Districts.

Subject to Board of Health approval; must demonstrate adequacy of water supply, sewage disposal, and indoor and outdoor space without overloading the capacity of land or endangering water quality. Lot size, as well as soils and topography, shall be considered, and engineering analysis may be required. Conditions and limitations may be imposed on the number of occupants and other use characteristics for the protection of the residents, the neighborhood and the environments.

SPGA: Board of Appeals; Business, Industrial Districts.

The petitioner shall demonstrate that the proposed facility will cause no traffic hazard, congestion, or interference with the flow of traffic especially at and near intersections and that the proposed facility will have no detrimental effects on neighboring businesses or residences, as determined by the SPGA.

SPGA: Board of Appeals; Business District.

The petitioner shall demonstrate:

SPGA: Board of Appeals; all districts.

Subject to site plan review by the Planning Board, which site plan shall be incorporated into the special permit by reference; adequate parking; no inappropriate commercial accessory use shall be permitted; no driving or "pitch-and-putt" ranges, so-called, to be deemed a golf course.

SPGA: Board of Appeals; Residential District.

Subject to site plan review by the Planning Board, which site plan shall be incorporated into the special permit by reference; approval of the Board of Health and Fire Chief required, as provided by General Laws.

SPGA: Board of Appeals; Residential District.

Subject to site plan review by the Planning Board, which site plan shall be incorporated into the special permit by reference; approval of the Board of Health and Fire Chief required, as provided by General Laws.

SPGA: Board of Appeals; Business District.

Requires connection to public water supply.

SPGA: Board of Appeals; all districts.

Proposed use is no more objectionable to the neighborhood than the existing use.

SPGA: Board of Appeals; all districts.

Such extension or alteration must not be substantially more detrimental than the existing nonconforming use.

SPGA: Board of Appeals; Industrial District.

Must be demonstrated that the need for parking occurs at different time and that adequate spaces will exist to handle the requirements for each use.

SPGA: Board of Appeals; Business District.

The use must be consistent with the character of the district.

SPGA: Board of Appeals; all districts.

Shall not contain sleeping quarters for more than four persons; conditional on obtaining the required local and other licenses.

SPGA: Board of Appeals; all districts.

Camps must be for recreational purposes; subject to site plan review by the Planning Board, which site plan shall be incorporated by reference into the special permit; also subject to limitation to a specified capacity and to an annual Board of Health permit.

SPGA: Board of Appeals; Industrial District.

Shall not create any dangerous, noxious, injurious or otherwise objectionable hazard, noise or vibration, smoke dust, odor or other form of environmental pollution and shall not adversely affect the surrounding environment.

SPGA: Board of Appeals; Industrial District.

The use must not be inconsistent with or detrimental to the character of the district.

SPGA: Board of Appeals; all districts.

Subject to annual Board of Health certification as required by General Laws; adequate buffers and fencing from adjacent properties; number of horses stabled shall be limited by the special permit.

SPGA: Board of Appeals; all districts.

Requires a business to have unusual requirements or a long name requiring a larger sign and the special permit will not be detrimental to the character of the neighborhood of the Town, unduly distracting, blocking visibility of traffic or other business or scenic views.

Business District.

Industrial-B.

SPGA: Board of Appeals; Business, Industrial District.

Suitable provision must be made to ensure that operation will not create excessive noise or other nuisance and for proper discharge of water into ground so as not to pollute groundwater. Must conform to applicable General Laws.

SPGA: Board of Appeals; Business, Industrial Districts.

Must be enclosed with a building or adequately screened by a solid fence or dense planting not less than six feet high; shall be located not less than 300 feet from any street, park, bathing beach, playground, school, church or cemetery, or such greater distance as the Board of Appeals may prescribe, and not in view therefrom; subject to an annual license by the Select Board, if so required by General bylaws.

SPGA: Select Board; Business Districts, Industrial Districts.

Must be in a building not used for dwelling purposes or within any interior space or unit shared with another business. A public hearing as well as Board of Health approval will be required. Must be compatible with surrounding areas.

SPGA: Board of Appeals; Industrial District.

Subject to site plan review by the Planning Board, which site plan shall be incorporated into the special permit. Adequate provision shall be made for access and parking. Proposed use must be compatible with the character of the district. Must conform to applicable General Laws.

SPGA: Planning Board; all districts.

The Planning Board, as special permit granting authority as authorized in § 270-7.2, shall adopt rules and regulations relative to the issuance of special permits. Such rules shall include but need not be limited to requirements for: 1) Site plan showing the extent of impervious areas, water supply, drainage and layout and design of disposal facilities; 2) provisions and conditions designed to prevent or correct conditions detrimental to water resources, health, safety and welfare; 3) provisions and conditions to control cause of pollution to ground and surface waters. The rules and regulations of the Planning Board relative to the issuance of special permits shall provide for notice to and review by the following local boards: Select Board, Board of Health and Conservation Commission.

SPGA: Board of Appeals; Industrial District and Business District.

Must not be detrimental to character of district.

SPGA: Planning Board.

A single building or combination of buildings that exceed a total of 100,000 square feet, located on one lot, shall require a special permit from the Planning Board.

SPGA: Board of Appeals.

Construction of more than one ADU on a single lot shall require a special permit from the Board of Appeals.

Office buildings.

Medical facilities, including medical or dental offices.

Research and development (R&D) facilities, provided that, in the absence of municipal sewerage, laboratory operations associated with such facilities are limited to so-called "dry" operations for developing and testing certain electronic and other "hi-tech" products, along with prototype production. In a case where the R&D use is served by a municipal sewerage, so-called "wet" laboratory operations, in conjunction with biotech and other similar uses, shall be permitted.

Age-qualified housing, in which each dwelling unit contains, at the commencement of occupancy, at least one occupant who is at least 55 years of age. Age-qualified housing shall provide a minimum of one parking space per dwelling unit.

Supermarket, as a retail business use, but only if a retail business use is permitted in the underlying zoning district.

For the purposes of determining compliance with provisions of the Mixed Use Development District, the applicant shall submit a site plan to the Planning Board of the Town of Lakeville, which site plan shall be prepared in accordance with the requirements set forth in § 270-6.7 of this bylaw.

When filing the site plan with the Planning Board, the applicant also shall be required to submit the site plan for review by various boards and officers within the Town of Lakeville, as set forth in § 270-6.7B of this bylaw.

Windows shall be projected or recessed at least four inches and must include visually prominent sills, shutters, or other such forms of framing for at least 60% of the length of the building facade of each store.

Color change.

Texture change.

Material module change.

Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.

Predominant exterior building materials shall be, without limitation as follows:

Facade colors shall be low reflectiveness and of subtle, neutral, or earth-tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be used for building trim or accent areas.

The following are prohibited as predominant or accent exterior materials:

Canopies or porticos.

Overhangs.

Recesses/projections.

Arcades.

Raised corniced parapets over the door.

Peaked roof forms.

Arches.

Outdoor patios.

Display windows.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

All sides of a building that directly face an abutting public or private right-of-way shall feature at least one customer entrance. Where a building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building as determined by the Planning Board.

Where additional stores will be located in the building, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements for entryways.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall be screened so as to not be visible from public or private rights-of-way.

No areas for outdoor storage, trash collection or compaction, loading, or other similar uses shall be located within 20 feet of any public or private right-of-way, public sidewalk, or internal pedestrian walkway.

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and screened from view from adjacent properties and public or private rights-of-way. Screening materials shall be equal to and consistent in quality, color and design with the predominant materials of the building and landscape.

Nonenclosed areas for the storage and sale of seasonal inventory shall be permanently sited and screened with walls, fencing and/or covering materials that are equal to and consistent in quality, color and design with the predominant materials of the building and landscape.

Temporary sales/displays, such as Christmas trees, landscape materials, shall conform to all requirements of the zoning district.

Pedestrian walkways of at least six feet in width shall be provided along all sides of the lot that abut a public or private right-of-way, excluding state and federal roads or highways, unless the Planning Board determines that one or more of such walkways are not necessary for safety or convenience.

Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from any external public sidewalk and from the nearest public or private right-of-way to the principal customer entrance to each building on the site. At a minimum, such walkways shall connect major points of pedestrian activity, including, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50% of walkway length.

Sidewalks of at least five feet in width shall be provided along the full length of each building facade that contains a customer entrance, and along any facade abutting a public parking area. Such sidewalks shall be located at least six feet from the facade of the building in order to provide space for foundation landscaping, except where architectural features such as arcades or entryways are part of the facade.

Internal pedestrian walkways required by Subsection D(5)(b), above, shall provide weather protection features such as awnings or arcades for each customer entrance and shall not extend into any driving aisle or parking area.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of appropriate signage and distinctive and durable, low-maintenance surface materials such as pavers, bricks, or scored concrete applied in a manner that enhances pedestrian safety and comfort and the attractive appearance of the walkways.

Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkways, outdoor play area, kiosk area, water feature, clock tower, steeple, or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Planning Board, adequately enhances such community and public spaces. Such areas shall have direct access to the public sidewalk network and shall be constructed of materials that are equal in quality to the predominant materials of the building and landscape.

Although Lakeville does not currently maintain a public bus system, areas should be provided or designed to accommodate possible (future) bus service and the growing number of private bus services (i.e., nursing home/assisted living, Housing Authority, etc.)

The Lakeville Station - Nemasket River Smart Growth Overlay District. An overlay district containing two subdistricts with the Residences at Lakeville Station Sub-District (f.k.a. "The Residences at Lakeville Station Smart Growth Overlay District") having a land area of approximately 11 acres in size, being Assessor's Parcels 62-3-7A, 62-3-7B, 62-3-7G, 62-3-101, and 62-3-10J, that is superimposed over the underlying zoning district and is shown on the Zoning Map as set forth on the map entitled "Town of Lakeville Smart Growth Zoning Overlay District (C.40R)," dated August 7, 2006, prepared by Southeastern Regional Planning and Economic Development District (SRPEDD); and the Nemasket River Sub-District having a land area of approximately 22 acres in size, being Assessor's Parcels 62 3-7F, 62 3-10A, 62 3-7H, 62 3-10E, 62 3-10K, 62 3-10D, 62 3-10B, and 62 3-10C, that is superimposed over the underlying zoning district and is shown on the Zoning Map as set forth on the map entitled "Town of Lakeville Smart Growth Zoning Overlay District (A) (C.40R)," dated January 18, 2018, prepared by Southeastern Regional Planning and Economic Development District (SRPEDD). These maps are hereby made a part of the Zoning Bylaw and are on file in the office of the Town Clerk.

[Any additional SGODs as may be approved from time to time by a future Town Meeting]

Residential uses which may include:

Neighborhood businesses small-scale (a maximum of 20,000 square feet of gross floor area per building) retail, service, and office uses that are part of a mixed-use development project and compatible with residential uses and are intended to serve commuters and local residential populations within the SGOD. Examples include, but are not limited to: newsstand, grocery or specialty food store, bakery, delicatessen, coffee shop, restaurant, bank, hairdresser, barber shop, launderette or dry cleaners (dry cleaning performed off-site), tailor, health club or exercise facility, shoe repair, drugstore, florist, liquor store, gift shop or specialty retail, hardware store, home goods and furnishings, personal care items, medical/professional/small business offices (up to 10 employees), and home occupations.

Future open space.

Residential uses which may include:

Neighborhood businesses small-scale (a maximum of 20,000 square feet of gross floor area per building) retail, service, and office uses that part of a mixed-use development project and are compatible with residential uses and are intended to serve commuters and local residential populations within the SGOD. Examples include, but are not limited to: newsstand, grocery or specialty food store, bakery, delicatessen, coffee shop, restaurant, bank, hairdresser, barber shop, launderette or dry cleaners (dry cleaning performed off-site), tailor, health club or exercise facility, shoe repair, drugstore, florist, liquor store, gift shop or specialty retail, hardware store, home goods and furnishings, personal care items, medical/professional/small business offices (up to 10 employees), and home occupations.

Future open space.

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed;

Income eligibility of households applying for affordable housing is properly and reliably determined;

The housing marketing and resident selection plan conforms to all applicable requirements, has been approved by DHCD specifically with regard to conformance with MGL c.40R and 760 CMR 59.00, and is properly administered;

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and

Affordable housing restrictions meeting the requirements of this section are approved by DHCD, specifically with regard to conformance with MGL c.40R and 760 CMR 59.00, and recorded with the Plymouth County Registry of Deeds.

As part of an application for plan approval for a project within an SGOD, the applicant must submit the following documents to the PAA and the monitoring agent:

These documents in combination shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

Affordable housing required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

For an affordable rental unit, the monthly rent payment, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable housing program rent limits approved by the DHCD shall apply.

For an affordable homeownership unit, the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.

Prior to the granting of any building permit for a project, the applicant must demonstrate, to the satisfaction of the monitoring agent, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the Town of Lakeville.

There shall be a local preference applied in the selection of residents for a project to the extent allowable by applicable laws, regulations, and guidelines and to the extent it is approved by DHCD and any other applicable regulating authority(ies) for the project.

Specification of the term of the affordable housing restriction, which shall be perpetual;

The name and address of the monitoring agent, with a designation of its power to monitor and enforce the affordable housing restriction;

A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restriction shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project with the initially designated affordable rental units identified in, and able to float subject to approval by DHCD in accordance with, the corresponding Affirmative Fair Housing Marketing Plan (AFHMP) and DHCD's AFHMP guidelines.

Reference to a housing marketing and resident selection plan to which the affordable housing is subject and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and resident selection plan may provide for local preferences in resident selection to the extent consistent with applicable laws, regulations, and guidelines and to the extent it is approved by DHCD and any other applicable regulating authority(ies) for the project. The plan shall designate the household size appropriate for a unit with respect to the number of bedrooms and provide that a preference for such unit shall be given to a household of the appropriate size;

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and resident selection plan;

Reference to the formula pursuant to which the maximum rent of a rental unit or the maximum resale price of a homeownership unit will be set;

Designation of the priority of the affordable housing restriction over other mortgages and restrictions, provided that a first mortgage of an affordable homeownership unit to a commercial lender in an amount less than maximum resale price may have priority over the affordable housing restriction if required by then-current practice of commercial mortgage lenders as reasonably determined by DHCD;

A requirement that only an eligible household may reside in affordable housing and that notice of any lease of any affordable rental unit shall be given to the monitoring agent;

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent;

Provision that the restriction on an affordable homeownership unit shall run in favor of the monitoring agent and/or the Town, and/or a nonprofit organization acceptable to both the Town and DHCD, in a form approved by Town Counsel, and shall limit initial sale and resale to and occupancy by an eligible household;

Provision that the restriction on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and/or the Town, and/or a nonprofit organization acceptable to both the Town and DHCD, in a form approved by Town Counsel, and shall limit rental and occupancy to an eligible household;

Provision that the owner or manager of affordable rental units shall file an annual report to the monitoring agent, in a form specified by that agent, certifying compliance with the affordability provisions of this section and containing such other information as may be reasonably requested in order to ensure affordability; and

A requirement that residents in affordable housing provide such information as the monitoring agent may reasonably request in order to ensure affordability.

Minimum densities.

Where a project involves an entire block or multiple contiguous blocks, minimum densities shall be calculated on the development of the area as a whole.

Dimensional requirements:

Maximum densities.

Where a project involves an entire block or multiple contiguous blocks, maximum densities shall be calculated on the development of the area as a whole.

Dimensional requirements.

The PAA may waive these dimensional requirements in accordance with this section where the PAA deems it appropriate to the project and the neighborhood.

For the purposes of this subsection, frontage and front yard setbacks shall be determined with respect to public and private streets, as well as to private ways providing similar access.

Access. Individual buildings or parcels within a project site shall have coordinated street access.

Building height. Height shall be measured from average grade to the cornice line of the roof. Accessory rooftop elements shall not be included in the calculation of height, but shall be restricted as to their location on the roof and may need to be screened so as to limit their visual impact. Accessory structures in side or rear yards, are permitted to be only one story in height.

Front yard setbacks. Front yard setbacks shall be measured from the street frontage line to the primary facade, excluding front steps or stoops, porches, bay windows, enclosed main entrances, or other projecting elements. (Note, however, that no projecting element on any building may extend over a property line to intrude onto a public sidewalk.) Where a neighborhood business building is located at an intersection and may be considered to have more than one primary facade, then each primary facade may utilize a front yard setback.

Side yard setbacks. The five-foot-minimum side yard setback may only be applied to detached residential buildings with three or fewer units, and is intended to encourage the off-center siting of a house within its lot, resulting in substantial outdoor space where a porch and/or landscaped yard may be provided (in addition to a driveway); and also resulting in a visually varied streetscape.

Accessory uses. Uses accessory to a permitted principal use are permitted on the same premises, provided that no accessory building may be located in a required front, side, or rear yard setback area.

Residential project. Two parking spaces per residential unit.

Nonresidential uses. A 20% reduction in required spaces may be permitted when the applicant submits information on peak times by use, confirming that uses are compatible relative to parking demand. On-street parking in front of a building may be utilized to help fulfill this requirement.

Barrier-free access. For multifamily residential and nonresidential uses, provide a minimum of one handicapped accessible parking space per establishment and/or use, up to a maximum of 10%, inclusive, of total parking required. Handicapped accessible spaces may be located on-street or off-street, and in any case shall be located no further than 50 feet from any accessible entrance and be clearly marked, with a safe and accessible means of access/egress.

On-street parking. On-street parking is not generally available in the SGOD.

Off-street parking. Off-street parking as an accessory use shall only be provided at the sides or the rear of a building. Residential parking should be clearly marked or separated from nonresidential parking. Surface parking lots and/or private garages may be provided for all uses. For multifamily and nonresidential uses, pedestrian connections shall be provided from all side or rear parking facilities to the front of the building. Where a parking facility is located behind and serves multiple adjacent buildings, pedestrian connections to the street shall be provided at regular (maximum 400-foot) intervals between buildings. The PAA may allow for additional visitor parking spaces beyond the two minimum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. The PAA may allow for a decrease in the required parking as provided in this section.

The availability of surplus off-street parking in the vicinity of the use being served and/or the proximity of a bus stop or transit station;

The availability of public or commercial parking or loading facilities in the vicinity of the use being served;

Shared use of off-street parking or loading spaces serving other uses having peak user demands at different times;

Age or other occupancy restrictions which are likely to result in a lower level of auto usage;

Impact of the parking or loading requirement on the physical environment of the affected area of the project or adjacent areas or lots, including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and

Such other factors as may be considered by the PAA.

The perimeter dimensions of the lot(s) comprising the site locus; Assessor's Map, lot and block numbers.

All existing and proposed buildings, structures, building setbacks, parking spaces, driveway openings, distance between buildings, plan view exterior measurements of individual buildings, driveways, service areas and open areas.

Internal roads, sidewalks and parking areas (width dimensions of paving and indication of number of parking spaces).

All facilities for sewage, refuse and other waste disposal and for surface water drainage.

All proposed landscaping features, such as fences, walls, planting areas and walks on the lot and tract.

Existing major natural features, including streams, wetlands and all trees six inches or larger in caliper ("caliper" is girth of the tree at approximately chest height).

Scale and North arrow (minimum scale of one inch equals 40 feet).

Total site area in square footage and acres and area to be set aside as public open space, if appropriate.

Percentage of lot coverage (including the percentage of the lot covered by buildings) and percentage of open space, if appropriate.

The proposed residential density in terms of dwelling units per acre and types of proposed commercial uses in terms of the respective floor area, and recreation areas, and number of units proposed by type (number of one-bedroom units, two-bedroom units, etc.).

Location sketch map (indicate surrounding streets and properties and any additional abutting lands owned by the applicant).

Representative elevation sketches of buildings (indicate height of building and construction material of the exterior facade).

Typical unit floor plan for residential uses. (Floor plan should be indicated for each type of unit proposed. The area in square feet of each typical unit should be indicated.)

Developer's (or authorized representative's) name, address and phone number.

Any other information, which may include traffic, school, tax, or utility impacts, in order to adequately evaluate the scope and potential impacts of the proposed project.

Plan approval shall be granted where the PAA finds that:

For a project subject to the affordability requirements of Subsection F, compliance with condition K(1)(a)[2] above shall include written confirmation by the monitoring agent that all requirements of that subsection have been satisfied. The PAA may attach conditions to the plan approval decision that are necessary to ensure substantial compliance with this section and the PAA's approval, or to mitigate any extraordinary adverse potential impacts of the project on nearby properties.

The applicant has not submitted the required fees and information as set forth in the PAA regulations; or

The project as described in the application does not meet all of the requirements and standards set forth in this section and the PAA regulations, or that a requested waiver there from has not been granted; or

It is not possible to mitigate adequately significant adverse project impacts on nearby properties by means of suitable conditions.

All additional stairways to second or third stories shall be enclosed within the exterior walls of the structure;

Any new entrance shall be located on the side or in the rear of the structure;

Where there are two or more existing entrances on the front facade of the principal dwelling, if modifications are made to any entrance, the result shall be that one appears to be the principal entrance and other entrances appear to be secondary.