Lancaster City Zoning Code

Promote public health, safety, and welfare by encouraging and increasing a diversity of housing opportunities;

Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet diverse population needs;

Help to ensure the Town of Lancaster meets the commonwealth's affordable housing requirement of greater than 10% deed-restricted inventory, and to sustain this level to maintain local control over the Town's affordable housing program;

Establish requirements, standards, and guidelines to ensure predictable, fair, and cost-effective review and permitting of development;

Enable the Town to receive Zoning Incentive Payments and Density Bonus Payments in accordance with MGL c. 40R and 760 CMR 59.06 arising from the development of housing in the Smart Growth Overlay District;

Enable the Town to receive Smart Growth Educational Aid payments for school children living in residential developments within the Smart Growth Overlay District pursuant to MGL c. 40S, which are available only for new developments in 40R Smart Growth Overlay Districts; and

To the extent not in conflict with the permissible criteria for disapproval under § 220-94 and provisions for as-of-right development under the governing laws, to generate positive tax revenue from mixed-use development where possible.

Establishment. The North Lancaster Smart Growth Overlay District, hereinafter referred to as the "NL-SGOD," is established pursuant to the authority of MGL c. 40R and 760 CMR 59.00 as an overlay district having a land area of approximately 38 acres in size shown on the Official Zoning Overlay Map of the Town of Lancaster, as amended, and appearing at 220 Attachment 3 to this Zoning Bylaw. This map is on file in the offices of the Town Clerk and Community Development and Planning Department. The NL-SGOD contains no subdistricts.

Applicability. An applicant may seek development of a project located within the NL-SGOD in accordance with the provisions of the governing laws and this Article XIX, including a request for plan approval by the PAA. In such case, notwithstanding anything to the contrary in the Zoning Bylaw, such application shall not be subject to any other provisions of the Zoning Bylaw, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations. To the extent that there is any conflict between the governing laws and this Article XIX, inclusive of the design standards, the PAA Regulations, and any applicable associated local zoning requirement (e.g., zoning requirement contained in another section of the Zoning Bylaw that is nonetheless incorporated by reference), the governing laws shall govern.

Underlying zoning. The NL-SGOD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those projects undergoing development pursuant to this Article XIX. Within the boundaries of the NL-SGOD, a developer may elect either to develop a project in accordance with the requirements of the Smart Growth Zoning/NL-SGOD, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s).

Administration, enforcement, and appeals. The provisions of this Article XIX shall be administered by the Building Inspector, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the PAA under §§ 220-93 through 220-96 shall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this Article XIX shall be governed by the applicable provisions of MGL c. 40A.

Residential projects. A residential project within the NL-SGOD may include:

Mixed-use development projects. A mixed-use development project within the NL-SGOD shall include a mix of residential and nonresidential uses and more specifically may include:

Number of affordable housing units.

Monitoring agent. The Lancaster Affordable Housing Trust, or its designee, shall be the monitoring agent designated by the Lancaster Select Board ("designating official"). In a case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the Select Board or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the Select Board. In any event, such monitoring agent shall ensure the following, both prior to issuance of a building permit for a project within the NL-SGOD, and on a continuing basis thereafter, as the case may be:

Submission requirements. As part of any application for plan approval for a project within the NL-SGOD submitted under §§ 220-93 through 220-96, the applicant must submit the following documents to the PAA and the monitoring agent:

Cost and eligibility requirements. Affordable housing shall comply with the following requirements:

Design and construction. Units of affordable housing shall be finished housing units. With respect to the minimum required number for a given project, units of affordable housing shall be equitably integrated and proportionately dispersed throughout the residential portion of the project of which they are part, across all residential buildings, floors and distinct unit types in accordance with the AFHMP approved by DHCD and be comparable in initial construction quality, size and exterior design to the other housing units in the project. The affordable housing shall be indistinguishable from the unrestricted/market-rate units. Unless expressly required otherwise under one or more applicable state or federal housing subsidy programs, the bedroom-per-unit average for the affordable housing must be equal to or greater than the bedroom-per-unit average for the unrestricted/market-rate units.

Affordable housing restriction. Each project shall be subject to an affordable housing restriction which is subject to approval by DHCD and recorded with the Worcester Registry of Deeds or district registry of the Land Court, and which contains the following:

Costs of housing marketing and selection plan. The housing marketing and selection plan and/or any associated monitoring services agreement may make provision for payment by the project applicant of reasonable costs to the monitoring agent to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements.

Age restrictions. Nothing in this Article XIX shall permit the imposition of restrictions on age upon projects unless proposed or agreed to voluntarily by the applicant. However, the PAA may, in its review of a submission under § 220-89C allow a specific project within the NL-SGOD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such project shall be in compliance with all applicable federal, state and local fair housing laws and regulations and not less than 25% of the housing units in such a restricted project shall be restricted as affordable units.

Phasing. For any project that is approved and developed in phases in accordance with § 220-93D, unless otherwise approved by DHCD at the request of the PAA, the percentage of affordable units in each phase shall be at least equal to the minimum percentage of affordable housing required under § 220-89A or H, as applicable. Where the percentage of affordable housing is not uniform across all phases, the unit dispersal and bedroom proportionality requirements under § 220-89E shall be applied proportionately to the affordable housing provided for in each respective phase.

No waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this § 220-89 shall not be waived unless expressly approved in writing by DHCD at the request of the Plan Approval Authority.

Table of requirements. Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements applicable in the NL-SGOD are as follows:

Number of parking spaces. Unless otherwise found to be unduly restrictive with respect to project feasibility and approved by the PAA, the parking requirements set forth in § 220-91 shall be applicable to all projects in the NL-SGOD by use, either in surface parking, within garages, or other structures. The PAA may allow for additional visitor parking spaces beyond the maximum 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 any required parking as provided in § 220-91B and C below.

Shared parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the plan approval process if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies).

Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the plan approval process, if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, or endanger public safety, and that lesser amount of parking will provide positive environmental or other benefits, taking into consideration:

Parking location and design standards. The PAA will review the parking design documentation and evaluate for the following:

Objectives. To document existing traffic conditions (both vehicular and pedestrian) in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic.

Applicability. The PAA may request an applicant for plan approval to prepare a traffic impact assessment, provided, however, projects with one or more of the following characteristics shall prepare a traffic impact assessment:

Qualifications. The traffic impact assessment shall be prepared by a registered professional civil or traffic engineer in the Commonwealth of Massachusetts.

Format and scope. All applications for plan approval shall provide the following documentation as part any required traffic impact assessment:

Traffic impact standards. The proposed site plan shall minimize points of traffic conflict, both pedestrian and vehicular. The following guidelines shall be used to achieve this standard:

Plan approval. An application for plan approval shall be reviewed by the PAA for consistency with the purpose and intent of this Article XIX. Such plan approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the governing laws. The following categories of projects shall be subject to the plan approval process:

Plan Approval authority (PAA). The 40R plan approval Committee, consistent with MGL c. 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the "PAA"), and it is authorized to conduct the plan approval process for purposes of reviewing project applications and issuing plan approval decisions within the NL-SGOD. The 40R Plan Approval Committee shall include one representative member chosen by each of the following Town of Lancaster boards from their membership: Planning Board, Zoning Board of Appeals, Conservation Commission, Affordable Housing Trust, and Economic Development Committee. Each board, commission and trust shall notify the Select Board in writing of their chosen representative member. The Select Board shall appoint the 40R Plan Approval Committee, constituted as described herein, for staggered terms of three years with one member first appointed for one year and two members first appointed for two years.

PAA regulations. The Plan Approval Authority may adopt and from time to time amend reasonable administrative rules and regulations relative to plan approval. Such rules and regulations and any amendments thereof must be approved by DHCD.

Project phasing. An applicant may propose, in a plan approval submission, that a project be developed in phases, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of § 220-89.

Preapplication. Prior to the submittal of a plan approval submission, a "concept plan" may be submitted to help guide the development of the definitive submission for project buildout and individual elements thereof. Such concept plan should reflect the following:

Required submittals. An application for plan approval shall be submitted to the PAA on the form provided by the PAA and approved by DHCD, along with application fee(s) which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any project that is subject to the affordability requirements of § 220-89, the application shall be accompanied by all materials required under § 220-89C. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the PAA.

Filing. An applicant for plan approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA Regulations with the Town Clerk and a copy of the application including the date of filing certified by the Town Clerk shall be filed forthwith with the PAA.

Circulation to other boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Affordable Housing Trust (and monitoring agent, if already identified, for any project subject to the affordability requirements of § 220-89), Select Board, Board of Appeals, Board of Health, Conservation Commission, Economic Development Committee (if mixed-use), Fire Department, Planning Board, Police Department, Building Inspector, Department of Public Works, and other applicable municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made by simple majority vote, and a written notice of the decision filed with the Town Clerk, within 120 days of the receipt of the application by the Town Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the Town Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the plan approval application.

Peer review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to MGL c. 40R, § 11(a). Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus funds remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith.

Plan approval. Plan approval shall be granted where the PAA finds that:

Plan disapproval. A plan approval application may be disapproved only where the PAA finds that:

Waivers. Upon the written request of the applicant and subject to compliance with MGL c. 40R, 760 CMR 59.00 and § 220-89, the Plan Approval Authority may waive dimensional and other requirements of § 220-90, and/or the design standards of § 220-97, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the NL-SGOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this Article XIX.

Project phasing. The PAA, as a condition of any plan approval, may allow a project to be phased at the request of the applicant, or it may require a project to be phased for the purpose of coordinating its development with the construction of planned infrastructure improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse project impacts on nearby properties. Any phased project shall comply with the provisions of § 220-89.

Form of decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the Town Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the Town Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the Town Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the Town Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Validity of decision. A plan approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be provided in a plan approval for a multiphase project.

Minor change. After plan approval, an applicant may apply to make minor changes in a project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision and provide a copy to the applicant for filing with the Town Clerk.

Major change. Those changes deemed by the PAA to constitute a major change in a project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to §§ 220-93 through 220-96.

Adoption of design standards. Any project undergoing the plan approval process shall be subject to design standards as set forth below in this § 220-97.

Purpose. The design standards are adopted to ensure that the physical character of projects within the NL-SGOD:

Building placement. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of Chapter 301, Subdivision Rules and Regulations, of the Code of the Town of Lancaster, currently in effect; and shall be so designed that for the given location and type and extent of land use, the design of building form, building location, egress points, grading, and other elements of the development shall be so as to:

Building design.

Disturbance controls. No activity shall be permitted unless the following are met:

Landscaping requirements.

Lighting. The regulation of outdoor lighting is intended to enhance public safety and welfare by providing for adequate and appropriate outdoor lighting, provide for lighting that will complement the character of the Town, reduce glare, minimize light trespass, and reduce the cost and waste of unnecessary energy consumption.

Signs and illumination.