Lancaster City Zoning Code
ARTICLE III
Use Regulations
§ 220-7 Applicability.
A.
Designation in § 220-8. The symbols used in the Use Regulation Schedule shall have the meanings set forth in the Key to the schedule, which schedule is included at the end of this chapter.
B.
Prohibited uses. No building, structure or land may be used or prepared for any use in a district where it is prohibited in § 220-8 unless it is a legal nonconforming use (see § 220-52).
C.
Unlisted uses. No use which is not listed or described in § 220-8, or expressly authorized under another section of this bylaw, shall be allowed unless granted a special permit by the Board of Appeals upon the Board's determination that the proposed use is similar in purpose and operational characteristics to a use permitted or allowed on special permit in the district.
§ 220-8 Use Regulation Schedule.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12; 5-5-2014 ATM by Arts. 14, 15, 17]
The Use Regulation Schedule is included as an attachment to this chapter.
§ 220-8.1 Residential uses.
[Amended 5-5-2008 ATM by Art. 17; 5-5-2008 ATM by Art. 14; 10-6-2008 STM by Art. 11; 5-6-2013 ATM by Arts. 12, 18; 10-28-2013 STM by Art. 7; 9-18-2023 STM by Art. 4]
Principal and accessory uses are delineated in the Use Regulation Schedule, included as an attachment to this chapter.
§ 220-8.2 Rural uses.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12]
Principal and accessory uses are delineated in the Use Regulation Schedule, included as an attachment to this chapter.
§ 220-8.3 Recreational and amusement uses.
[Amended 5-5-2003; 5-5-2008 ATM by Art. 14; 5-6-2013 ATM by Art. 12]
Principal and accessory uses are delineated in the Use Regulation Schedule, included as an attachment to this chapter.
§ 220-8.4 Public, health, educational and institutional uses.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12; 5-7-2018 ATM by Art. 13]
Principal and accessory uses are delineated in the Use Regulation Schedule, included as an attachment to this chapter.
§ 220-8.5 Retail, service and office uses.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12]
Principal and accessory uses are delineated in the Use Regulation Schedule, included as an attachment to this chapter.
§ 220-8.6 Industrial uses.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12; 5-2-2016 ATM by Art. 17; 11-14-2022 STM by Art. 7]
Principal and accessory uses are delineated in the Use Regulation Schedule, included as an attachment to this chapter.
§ 220-8.7 Integrated Planning Overlay District (IPOD).
[Added 5-4-2009 ATM by Art. 12]
A.
Intent and applicability.
(1)
The intent of § 220-8.7, Integrated Planning Overlay District (IPOD), is to provide design flexibility and efficiency in the siting of development, services and infrastructure; conserve open space; preserve the rural, historic character of the Town; provide for a diversity of lot sizes, building densities and housing choices to accommodate a variety of age and income groups; and to allow the integration of land for residential, rural, recreational, community, retail, service, commercial and industrial uses.
(2)
Integrated Planning Overlay Districts (IPODs) are created on the Zoning Map by Town Meeting vote, just as for any zoning amendment, except that they overlay rather than replace the zoning districts being overlaid. Applicants for development within the overlay district may choose between following the existing provisions of the district(s) underlying the IPOD or to propose an Integrated Plan and upon its approval to follow it and the IPOD requirements set forth below.
B.
Basic use requirements.
(1)
Development under IPOD provisions requires special permit approval of an Integrated Plan by the Planning Board for the premises involved. The Planning Board must find that there is no material impact to the neighborhood.
(2)
All proposed development within an approved Integrated Plan must be consistent with that Plan unless the Integrated Plan special permit is subsequently revised making the proposed development consistent or excluding the location from the Plan.
(3)
The minimum site area of an Integrated Plan shall be 10 acres.
(4)
An Integrated Plan may apply to more than a single lot or parcel so long as the lots and parcels are contiguous and either in the same ownership or the application is jointly submitted by owners of each lot or parcel that is included.
(5)
Any use allowed by right or allowable by special permit in at least one of the underlying zoning districts within which the Integrated Plan is located shall also be allowed by right or allowable by special permit, as the case may be, at any location within that Integrated Plan, including within underlying districts where such use is not otherwise allowed, with the following exceptions:
(a)
Dwelling units are allowed by right within all Integrated Plans without limitation on form of tenure or structure type, including single-family, two-family or multifamily.
(b)
Retail, service, and office uses permitted or allowed by special permit in the Enterprise District are allowed within an Integrated Plan regardless of whether the Integrated Plan includes any portion of the Enterprise or other district allowing that use, provided that no enterprise allowed only by this exception may exceed 35,000 gross square feet in floor area unless the Planning Board, in acting on the Integrated Plan special permit, finds that the use is functionally supportive of or supported by other existing or planned uses within the Integrated Plan, and in no event may the enterprise exceed 75,000 gross square feet in floor area or be contained within a building that exceeds 75,000 gross square feet in floor area.
[Amended 5-6-2013 ATM by Art. 12]
(c)
Hotel, motel or inn, and commercial indoor amusement or recreation place or place of assembly, are allowed by right within all Integrated Plans.
(d)
Medium or heavy industrial uses not allowed in an Enterprise District per § 220-9E(4) are expressly prohibited in the IPOD Districts.
[Amended 5-6-2013 ATM by Art. 12]
(6)
Residential uses shall comprise not less than 25% and not more than 75% of the gross floor area planned within any Integrated Plan.
(7)
Not less than 10% of the Integrated Plan area disturbed by development shall be devoted to pedestrian walks or plazas and landscaping, and not less than 20% of the land area of the Integrated Plan shall be open space meeting the requirements of § 220-15C.
C.
Design requirements.
(1)
The applicant must demonstrate to the satisfaction of the Planning Board that the amount and mix of types of development, and the travel demand management efforts such as car-pooling proposed for the Integrated Plan, will result in generation of no more than 20 auto trip ends per acre of Plan area. These trips ends should be calculated during the weekday afternoon peak traffic hour, as measured on the streets that provide access to the Plan area, net of pass-by trips and adjusted for estimated non-auto trips, such as walking among uses within the IPOD.
[Amended 5-1-2017 ATM, by Art. 12]
(2)
The allowed number of trip ends within the Integrated Plan may be increased above 20 per acre by the number of potential trip ends on other land within the IPOD that has been reduced below the limit of 20 trip ends per acre, through a restriction enabled by the developer(s) of the benefiting Integrated Plan, and made enforceable by the Town through a condition in the Integrated Plan special permit.
[Amended 5-1-2017 ATM, by Art. 12]
(3)
The maximum number of allowable dwelling units within an Integrated Plan shall not exceed 15 dwelling units per acre of lot area, including lot area devoted to nonresidential uses, but exclusive of streets. The Integrated Plan shall document how that allowable total is to be distributed among lots within the Plan, including documentation of the minimum lot area per dwelling unit on each proposed lot, which may vary among locations within the Plan.
[Amended 5-1-2017 ATM, by Art. 12]
(4)
Rights to development of dwelling units may be transferred as provided at § 220-15B(3), but if such transfer takes place among lots within the IPOD then the approval criterion for such transfer shall be that the transfer must be consistent with an approved Concept Plan (§ 220-8.7C), instead of the criteria contained in § 220-15B(3).
(5)
There is no minimum lot area requirement for nonresidential uses, unless such a requirement is called for in the approved Integrated Plan.
(6)
Building height shall not exceed six stories or, if more restrictive, 70 feet unless in acting on the Integrated Plan special permit the Planning Board determines that the proposed height is consistent with the intent of IPOD zoning, is essential to the Integrated Plan design, and will have no adverse effect on the surrounding neighborhood, taking into consideration:
• | Height relative to that of the tree crown on nearby land; | |
• | Height of other existing or planned nearby structures; | |
• | Distance from the Integrated Plan boundary; | |
• | Appropriateness of any resulting building prominence in light of the functional or symbolic role of the structure; | |
• | Shadowing or loss of privacy on nearby properties, whether or not within the Integrated Plan; and | |
• | Whether the increased height is necessary for the building to be developed; |
Rooftop mechanical equipment and its height shall be shown on special permit plan submittals, and shall be selected, located, and if necessary screened in order to achieve harmonious integration with the building design. |
(7)
Yards abutting the perimeter of the Integrated Plan must comply with the yard requirements applicable in the underlying basic districts, except for the following:
(a)
No portion of a building having a building height in excess of 35 feet shall be located closer to the perimeter of the Integrated Plan than a distance equal to its height above mean grade.
(b)
District boundary planting as specified at § 220-37F and G of the Lancaster Zoning Bylaw shall be provided where nonresidential uses in an Integrated Plan abut a residential district, with a depth of not less than 100 feet.
(8)
Other dimensional standards shall be as provided in the approved Integrated Plan pursuant to § 220-8.7C, rather than those stated in Article IV, Dimensional Regulations, and may include measures not otherwise used under Lancaster zoning, such as limits on the allowed ratio of gross floor area to lot area ("floor area ratio" or "FAR").
(9)
Parking.
(a)
The number of parking spaces for each use shall be as required by § 220-23, Minimum number of spaces, or as may be modified by special permit under that section.
(b)
Legal on-street parking spaces within the Overlay District and adjacent to the premises of the use or uses that they could serve may be included in satisfying the parking requirement.
(c)
Access to parking shall be shared with adjacent premises whether in or adjacent to the Integrated Plan where feasible, subject to the provisions of § 220-22, and shall be located so as to minimize interruptions of pedestrian movement along business-oriented streets.
(10)
A building or portion of a building with massing of more than 75 feet in length must be visually broken into smaller elements with variations among them in height, roof form, wall plane setbacks, entrance orientation, materials, or other means.
D.
Phasing. Any Integrated Plan involving a total of more than 1,000,000 square feet gross floor area summed over all buildings proposed must be developed in stages of not more than 600,000 square feet gross floor area each. Prior to initiation of development in the second phase, a report must be submitted to the Planning Board providing data on the following development outcomes to that point, together with comparisons with the outcomes anticipated in the application materials and resulting special permit.
(1)
Acres of land subject to open space restrictions;
(2)
Acres of land physically altered for development;
(3)
Total floor area of buildings given occupancy permits, reported by category of use;
(4)
Trip generation by the development as a whole measured at the entrances to the development;
(5)
Demand on public or community water supplies.
The Planning Board shall hold a public meeting to allow the developer to explain how any disparities between expectations and outcomes will be offset through the phases to follow in order to achieve overall compliance. |
E.
Procedures.
(1)
Parties seeking special permit approval of an Integrated Plan are urged to work closely with the Planning Board and Town staff in developing their proposal in order to assure a well-informed process, and similarly to arrange for a dialog with those who live near to or otherwise would be impacted by the proposal.
(2)
Review of applications for any related special permits for which the Planning Board is the special permit granting authority may be consolidated into the Integrated Plan special permit process, while being voted upon separately.
(3)
All applications for approval of an Integrated Plan shall include an Integrated Plan and Report, which shall contain at least the following:
(a)
Residential uses proposed — tabulation of the number of dwelling units proposed, categorized by building type (multi-family, attached single-family, etc.), bedroom type (studio, one-bedroom, etc.), floor area in each type of dwelling unit, and sales or rental level, including affordability provisions.
(b)
Open space proposed — tabulation of the extent of reserved open space of various categories, including conservation lands, recreation areas, and other public use areas.
(c)
Nonresidential uses proposed — tabulation of floor area by land use category.
(d)
A plan view context drawing, covering the premises and at least all parcels abutting and across the street, indicating street and property lines, and at a conceptual level building locations, reserved open space areas, and other features of relevance.
(e)
Itemization of departures from the use, dimensional, parking or other provisions applicable in the underlying zoning districts.
(f)
Special provisions proposed, including grants of benefits to the Town such as land for public purposes, construction of or contributions towards off-site improvements, or restrictions proposed such as view corridors or traffic management provisions.
(g)
A traffic analysis indicating that full construction and occupancy as provided in the Integrated Plan will be in compliance with the 20 trips per acre limit, and also will not cause the peak hour traffic level of service to either be lower than reasonably expected from development not relying upon IPOD provisions, or below level of service "C" as defined in current publications of the Highway Research Board.
[Amended 5-1-2017 ATM, by Art. 12]
(h)
A verbal and graphic analysis documenting that the development is assured to be compatible with the character and scale of the immediately surrounding neighborhood.
(i)
An assessment of the impacts of the development upon natural resources, Town utilities, schools, housing needs, taxes or other topics of salience in the particular case.
(4)
The Integrated Plan and Report shall be provided to the Town Clerk and the Planning Board no later than the date on which first notice is published for the Planning Board hearing for the special permit, with number of copies and distribution as may be provided in regulations adopted by the Planning Board for administration of these provisions, and shall be reviewed at that public hearing. The Planning Board shall approve such special permit based upon these considerations:
(a)
The consistency of the Integrated Plan and Report with the intent and requirements of § 220-8.7.
(b)
The degree to which the Integrated Plan furthers the policies articulated in the 2007 Lancaster Master Plan.
(c)
The consistency of the Integrated Plan with the purposes stated at § 220-1 of the Lancaster Zoning Bylaw.
(d)
The completeness and technical soundness of the Integrated Plan and Report.
(e)
The degree of assurance that there will be compatibility of building design and siting with the existing vicinity through selection of building materials and colors, building scale and massing, fenestration, roof forms, and signage design.
(5)
Following Planning Board approval of a special permit for an Integrated Plan, permit applications relying upon that Plan shall require site plan review by the Planning Board under the provisions of § 220-34, Site plan review. The Planning Board shall approve such site plan, provided that it is consistent with the approved Integrated Plan, and consistent with the provisions of § 220-8.7. A site plan shall not be found consistent unless each of the following is met:
(a)
The uses proposed are not inconsistent with those of the Integrated Plan in type and extent.
(b)
The proposed locations of individual buildings, parking, and open space shall be substantially consistent with the approved Integrated Plan, and all of the applicable use and dimensional regulations have been met.
(c)
Means have been established to assure compliance with special provisions stipulated at § 220-8.7E(3)(f).
(6)
An approved Integrated Plan may not be changed except through amendment of the previously issued special permit by the Planning Board following a new public hearing and review.
§ 220-8.8 Inclusion of affordable housing.
[Added 6-21-2021 ATM by Art. 9]
A.
Purpose and intent. The purpose and intent of this zoning bylaw is to promote the inclusion of affordable housing as part of the development of housing overall in the Town of Lancaster. This is also known as "inclusionary zoning." More specifically:
(1)
The purpose of these provisions is to encourage development of new or renovated housing that is affordable to eligible low- and moderate-income households in perpetuity. At a minimum, affordable housing produced through this regulation shall be in compliance with the requirements set forth in Massachusetts General Laws (MGL) c. 40B, §§ 20 through 23 (as the same may be amended from time to time), and other affordable housing programs developed by state, county, and local governments.
(2)
It is intended that the affordable housing units (AHUs) that result from the application of this bylaw be considered as local action units (LAUs), in compliance with the requirements for the same as specified by the Massachusetts Department of Housing and Community Development (DHCD) or successor state agency or regulations.
(3)
The LAUs created by this bylaw are intended to add to the Town of Lancaster's Subsidized Housing Inventory (SHI) and contribute to local efforts to meet the state's requirement for affordable housing levels. Accordingly, these units must meet DHCD's Local Incentive Program (LIP) criteria to be suitable for inclusion and counted in the Town's SHI.
B.
Definitions.
AFFORDABLE HOUSING UNIT (AHU)
A dwelling unit available at a cost of not more than 30% of gross household income of households at or below 80% of the Metropolitan Statistical Area (MSA) which includes the Town of Lancaster's median income as reported by the United States Department of Housing and Urban Development, including units listed under MGL c. 40B, §§ 20 through 23 and the commonwealth's Local Initiative Program.
ASSISTED LIVING RESIDENCE
A property offering a combination of housing, meals, and personal care services to adults for a monthly fee that includes rent and services. Assisted living residences are not the same as licensed nursing facilities, often referred to as "nursing homes," "skilled nursing facilities," or "nursing and rehabilitation facilities."
DEPARTMENT OF HOUSING AND COMMUNITY DEPARTMENT (DHCD)
The Commonwealth of Massachusetts' agency charged to oversee funding and resources to help people in Massachusetts live affordably and safely. DHCD, through its community and business partners, provides affordable housing options, financial assistance, and other support to Massachusetts communities.
INCLUSIONARY HOUSING SPECIAL PERMIT (IHSP)
A special permit issued for affordable housing units created by an inclusionary zoning bylaw.
INCOME ELIGIBLE
A household comprised of a single individual or a family with household income that does not exceed 80% of the median income, with adjustments for household size, as reported by the most recent annual information from the United States Department of Housing and Urban Development and/or the Massachusetts Department of Housing and Community Development.
LANCASTER AFFORDABLE HOUSING TRUST (LAHT)
The trust fund established at the 2020 Annual Town Meeting adopting the provisions of MGL c. 44, § 55C, and whose purpose is to provide for the preservation and creation of affordable housing in the Town of Lancaster for the benefit of low- and moderate-income households.
LOCAL ACTION UNIT (LAU)
A dwelling unit created through local municipal action other than comprehensive permits; for example, through special permits, inclusionary zoning, conveyance of public land, utilization of Community Preservation Act (CPA)[1] funds, etc.
LOCAL INTIATIVE PROGRAM (LIP)
A state housing initiative administered by the Department of Housing and Community Development to encourage communities to produce affordable housing for low- and moderate-income households.
PAYMENT-IN-LIEU-OF-UNITS (PILU)
A developer's monetary contribution reserved for affordable housing production within the Town, in place of constructing affordable units within a proposed project.
PROJECT
Any residential or other development, including a cluster development, which results in the construction of new dwelling units, including assisted living units.
SHALL
For the purposes of this bylaw, the term "shall" has the same meaning as "must" and denotes a requirement.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
The applicable Town board granting the inclusionary housing special permit (IHSP), typically, but not limited to, the Planning Board and/or the Zoning Board of Appeals.
[1]
Editor's Note: See MGL c. 44B, § 1 et seq.
C.
Applicability. In all current and future zoning districts, including overlay districts, the inclusionary zoning provisions of this section shall apply to the following uses:
(1)
Division of land. This bylaw shall apply to the division of contiguous land held in single or common ownership into six or more residential lots, including, but not limited to, those consisting of approval not required (ANR) lots, or any combination of subdivision and ANR lots.
(2)
Multiple dwelling units. This bylaw shall apply to the construction of six or more dwelling units, whether on one or more contiguous parcels, alteration, expansion, reconstruction, or change of existing residential or nonresidential space.
(3)
Flexible development. This bylaw shall apply to any flexible development (Lancaster Zoning Code, Chapter 220, Article IV, § 220-15) that includes six or more dwelling units. Subsection B(2)(b), Affordability, of § 220-15 shall apply to affordable housing units (AHUs) created, and not to payments-in-lieu-of-units (PILUs).
(4)
Assisted living. This bylaw shall apply to any life care facility development that includes six or more assisted living units and accompanying services.
(5)
The provisions of Subsection C(2) above shall apply to the construction of six or more dwelling units on individual lots if said six or more lots are held in single or common ownership.
(6)
To prevent the intentional segmentation of projects designed to avoid the requirements of this bylaw, parcels held in single or common ownership and which are subsequently divided into six or more lots shall also be subject to this bylaw.
(7)
To address the possible segmentation of projects over time, any construction that results in additional dwelling units from the date of issuance of the inclusionary housing special permit (IHSP) or from the issuance of the certificate of occupancy over a ten-year period shall be subject to this bylaw.
(8)
If the special permit granting authority (SPGA) determines that an applicant has established surrogate or subsidiary entities to avoid the requirements of Subsection C, then an IHSP shall be denied.
D.
Inclusionary housing special permit. The development of any project of six or more dwelling units set forth in Subsection C above shall require the issuance of an inclusionary housing special permit (IHSP). The special permit granting authority (SPGA) for such permit shall be the SPGA for the use proposed, if applicable, and otherwise shall be the Planning Board or the Zoning Board of Appeals. A site plan(s) shall be submitted to the SPGA and Planning Board for their review and approval. The special permit may be granted if the proposal meets the requirements of this bylaw and all other applicable bylaws.
E.
Mandatory provision of affordable housing. As a condition for approval of a special permit, the applicant shall contribute to the local inventory of affordable housing by providing at least the number of AHUs specified below, which must be eligible for inclusion in the Town's SHI.
(1)
For developments of six to nine ownership or rental units, at least one unit of the total proposed dwelling units shall be affordable.
(2)
For development of 10 to 19 ownership or rental units, at least two units of the total proposed dwelling units shall be affordable.
(3)
For development of 20 to 29 ownership or rental units, at least three units of the total proposed dwelling units shall be affordable.
(4)
For development of 30 to 44 ownership or rental units, at least 12.5% of the total proposed dwelling units shall be affordable.
(5)
For development of 45 or more ownership or rental units, at least 15% of the total proposed dwelling units shall be affordable.
(6)
For development of 75 or more ownership or rental units, at least 17.5% of the total proposed dwelling units shall be affordable.
(7)
The following summary table is provided for allocating affordable units given a particular range of total lots in a subdivision or total units in a multifamily development.
Total Units | Minimum Affordable Units |
|---|---|
6 to 9 | 1 |
10 to 19 | 2 |
20 to 29 | 3 |
30 to 44 | 12.5% |
45 to 74 | 15.0% |
75 and above | 17.5% |
(8)
For the calculation of AHUs per Subsection E(1) through (7), fractions of a dwelling unit shall be rounded up to the nearest whole number. For example, a proposed development of:
(a)
Thirty-five housing units (12.5% minimum) would require 4.375 affordable units, rounded up to five total affordable units (14.2%).
(b)
Fifty housing units (15% minimum) would require 7.5 affordable units, rounded up to eight units (16%).
(c)
Eighty-five housing units (17.5% minimum) would require 14.875 affordable units, rounded up to 15 units (17.6%).
F.
Preservation of affordability.
(1)
All ownership developments shall be subject to a permanent affordable housing restriction and/or regulatory agreement, ensuring that the AHUs shall remain affordable in perpetuity, and each affordable unit shall be conveyed subject to a deed rider acceptable to and approved by the Town and DHCD and granting the Town such rights as are required, which shall include a right of first refusal, to ensure that said AHUs remain affordable in perpetuity and be counted toward Lancaster's SHI. In addition, no building permit shall be granted for any home-ownership development containing affordable units prior to the recording of the affordable housing restriction and/or regulatory agreement at the Registry of Deeds.
(2)
All multifamily rental developments with affordable housing units shall be subject to a regulatory agreement, ensuring that the AHUs shall remain affordable in perpetuity. Said regulatory agreement shall be approved by the Town and DHCD. In addition, no building permit shall be granted for any multifamily rental development containing affordable units prior to the recording of the regulatory agreement at the Registry of Deeds.
(3)
In the event that any rental unit is converted to a condominium ownership unit, the condominium unit shall be restricted in perpetuity as per Subsection F(1) and (2) to ensure that it remains affordable to income-eligible households as prior to the condominium conversion.
(4)
In the event an affordable ownership unit is sold at a market rate greater than the allowable affordable rate, the net excess proceeds (subject to DHCD guidelines) resulting from the monetary difference at the date of closing shall be transferred to the Lancaster Affordable Housing Trust (LAHT), its agent, or its successor organization. As per DHCD's LIP criteria, any net excess proceeds over the allowable affordable rate will be fully credited to the LAHT account within 30 days from the date of closing and designated for affordable homeownership programs or assisting other eligible buyers. This shall only apply in the event of net excess proceeds, and not to AHUs sold at a market rate below the allowable affordable rate.
(5)
The LAHT, its agent, or its successor organization shall monitor, oversee, and administer the details for all re-sale or re-lease of any affordable units in the Town.
G.
Timing of construction for affordable units.
(1)
The construction of affordable units shall be commensurate with the construction of market-rate units per the schedule in Subsection E. Should projects be built in phases, each phase shall contain the same proportion of affordable units to market-rate units as the overall development.
(2)
The building permit for the last market-rate unit shall not be issued until all affordable units have been constructed, unless an alternate construction schedule has been approved by the SPGA.
H.
Siting of affordable units. The affordable units created under this bylaw shall be proportionally distributed throughout the proposed project, in terms of location, size, and type.
(1)
Affordable units shall be provided within the development that requires the affordable units.
(2)
Their siting shall be integrated within the development along with the locations of the other dwellings, rather than segregated or concentrated in one area.
(3)
The AHUs shall not be situated in less desirable locations than market-rate units and shall, on average, be no less accessible to public amenities such as transportation, recreation or open spaces, and shopping or other businesses.
(4)
The location of each and every AHU shall be identified on the site plans to be reviewed and approved by the SPGA and the Planning Board. In the case of multifamily dwellings, the locations of affordable units shall be identified on the building floor plans for each and every structure of this type and approved by the SPGA.
I.
Minimum design and construction standards. The exterior appearance of the affordable units shall be compatible with and essentially indistinguishable from the other units in the development. The AHUs shall be designed with similar features and built with comparable quality materials with respect to the market-rate dwellings built.
J.
Minimum lot size. The average lot size for affordable home units shall be comparable to those of their market-rate counterparts within the development.
K.
Payment-in-lieu-of-units. As an alternative to the requirements of Subsection E and to the extent allowed by law, an applicant may provide a payment to the LAHT to be used for the production of affordable housing in lieu of constructing home-ownership units within the proposed development.
(1)
Payment-in-lieu-of-units (PILU). The applicant for development subject to this bylaw may choose a payment in lieu of the construction or provision of affordable ownership units to the LAHT at the sole discretion of the SPGA. The fees shall be paid in increments prior to the issuance of a building permit for each and every unit, or otherwise at the sole discretion of the SPGA.
(2)
Calculation of PILU. The fee for an affordable ownership unit shall be equal to 80% of the average listing price of all combined market-rate units within the proposed development. The SPGA shall make the final determination of the PILU. For example, if the average listing price of all combined market-rate units within the proposed development is $500,000, the PILU is $500,000 multiplied by 80%, i.e., $400,000 for each affordable unit.
(3)
PILUs are not applicable to affordable rental units.
(4)
Incremental payments of total PILU. The incremental payments shall be equal to: the PILU as calculated for a single ownership unit in Subsection K(2) multiplied by the total number of affordable ownership units subject to PILU, divided by the total number of ownership units in the subject development. For example, a proposed development of 15 ownership units requires two affordable units per Subsection E. If the projected average sales price of each unit is $500,000, the total amount of the PILUs is $400,000 multiplied by two units, i.e., $800,000. The incremental cost is $800,000 divided by 15 units, i.e., $53,333 per unit.
(5)
Timing of payment before issuance of building permits. Payment shall be received by LAHT prior to issuance of building permit for each unit to be constructed.
(6)
Revised calculation before issuance of building permits. The PILU calculation shall be confirmed with current market rates for the proposed development within 60 days' prior to issuance of building permit.
(7)
Creation of affordable units. PILUs made to LAHT in accordance with this section shall be used only for purposes of providing affordable housing for low- or moderate-income households. Using these payments, affordable housing may be provided through a variety of means, including but not limited to the provision of favorable financing terms, subsidized prices for purchase of sites, additional affordable units within existing or proposed developments, and other initiatives allowed under the Municipal Affordable Housing Trust Fund Law, MGL c. 44, § 55C.
(8)
If the LAHT or its successor organization has been dissolved or is otherwise no longer in existence as of the time the application has been stamped received by the Town Clerk, then PILUs are to be paid to the Town and held in escrow for affordable housing production. Funds in escrow shall be transferred commensurate to the LAHT upon its re-establishment.
L.
Combining construction with payment-in-lieu-of units. A combination of construction of dwelling units and payment-in-lieu-of-units may be combined by the applicant to meet a single project's requirement if granted approval by the SPGA.
M.
Local preference. To the maximum extent permitted by law, including the regulations of DHCD, any IHSP granted hereunder shall include a condition that a preference for income-eligible Lancaster residents, Town of Lancaster employees, employees of schools and businesses located within Lancaster, and families of students attending schools within Lancaster shall be included as part of the lottery and marketing plan for the affordable units.
N.
Affirmative fair housing marketing and resident selection plan for affordable units. Applicants creating affordable units under this bylaw are required to select qualified homebuyers or renters via lottery under an affirmative fair housing marketing and resident selection plan prepared and submitted by the applicant and approved by DHCD and the SPGA. This plan shall include a description of the lottery or other process to be used for selecting income-eligible buyers and tenants. The plan shall be in conformance with federal and state fair housing laws in effect on the date of the special permit or other permit application with the Town of Lancaster. No building permit for a development subject to the Lancaster Inclusionary Zoning Bylaw shall be issued unless the SPGA has determined that the applicant's affirmative marketing and resident selection plan complies with this requirement. The affirmative marketing costs for the affordable housing units shall be the responsibility of the applicant. The applicant shall also submit the affirmative marketing and resident selection plan for review by the LAHT.
O.
Related fees. The SPGA is authorized to retain professional consultants to advise the SPGA on any and all aspects of the application, the project's compliance with this bylaw, and to determine whether AHUs authorized by an IHSP will be included in the Town's SHI. The SPGA may require the applicant to pay reasonable costs incurred by the SPGA for the employment of outside consultants pursuant to SPGA regulations, as authorized by MGL c. 44, § 53G.
P.
Conflict with other bylaws. The provisions of this bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw, or provisions therein, shall apply.
Q.
Severability. If any provision of this bylaw or other aspects of Lancaster's Zoning Code are held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw or other aspects of Lancaster's Zoning Code shall not affect the validity of the remainder of the Lancaster Inclusionary Zoning bylaw.
§ 220-9 Supplementary use regulations.
A.
Living facilities for seniors. Housing for the elderly, including multifamily dwellings, may be authorized on special permit as provided in § 220-8.1 provided that the following requirements are met.
(1)
Minimum lot frontage: 225 feet.
(2)
Minimum lot area: 87,120 square feet plus 6,000 square feet per dwelling unit in excess of eight.
(3)
Yards: not less than 20 feet shall be maintained as open area, with grass, bushes, flowers, or trees along each side lot, rear lot, and front lot line, except for entrance and exit driveways, and such open space shall not be built upon, nor paved nor used for parking.
(4)
Location and treatment of parking areas: all off-street parking shall be paved, and located at the rear or side of the building for which it is to be used.
B.
Long-term health care facility. Long-term health care facilities may be authorized on special permit as provided in § 220-8.4 provided that the following requirements are met.
(1)
Minimum lot frontage: 225 feet.
(2)
Minimum lot area: 87,120 square feet, plus 3,000 square feet per bed after the first 16.
(3)
Yards: not less than 20 feet shall be maintained as open area, with grass, bushes, flowers, or trees along each side lot, rear lot, and front lot line, except for entrance and exit driveways, and such open space shall not be built upon, nor paved nor used for parking.
(4)
Location and treatment of parking areas: all off-street parking shall be paved, and located at the rear or side of the building for which it is to be used.
C.
Multifamily dwelling. Multifamily dwellings may be authorized on special permit as provided in § 220-8.1 provided that the following requirements are met.
(1)
Location: within that portion of the Residence Zone bounded by Main Street, George Hill Road, Goss Lane, Sterling Road, Mill Street to the railroad tracks, northerly by the railroad tracks, Kilbourn Road to Main Street;
(2)
Sewerage: must be connected to public Town sewerage;
(3)
Minimum lot frontage: 225 feet;
(4)
Minimum lot area: 87,120 square feet, plus 12,000 square feet per dwelling unit in excess of four.
(5)
Yards: not less than 20 feet shall be maintained as open area, with grass, bushes, flowers, or trees along each side lot, rear lot, and front lot line, except for entrance and exit driveways, and such open space shall not be built upon, nor paved nor used for parking.
(6)
Location and treatment of parking areas: all off-street parking shall be paved, and located at the rear or side of the building for which it is to be used.
(7)
Advisory review. The Board of Appeals shall provide that application materials are forwarded for the Planning Board to review and report on applications for multifamily dwellings. The Planning Board shall consider, among other matters:
(a)
Compliance with this bylaw and its purposes;
(b)
The need for dwelling units of the type and cost proposed;
(c)
The safety and adequacy of circulation for cars, deliveries, bicycles and pedestrians both within and external to the site and the adequacy of parking and loading arrangements;
(d)
The avoidance of unnecessary damage to the natural resources and amenities of the site and the provision of appropriate landscaping;
(e)
Drainage and erosion within and issuing from the site;
(f)
The relationship of the scale, mass and siting of the buildings to other buildings nearby;
(g)
The Town's ability to provide fire and police protection to the buildings as designed;
(h)
The provisions for continued maintenance of buildings and grounds.
D.
Home occupation. Home occupations or professional offices are allowed as provided at § 220-8.1 if in accordance with the following:
(1)
The principal operator resides on the premises, employs not more than one other person, and sells no products prepared by others;
(2)
There is no indication of such occupation visible on the exterior of the building or on the lot, except for required parking and permitted signs;
(3)
The activity does not produce noise, odor, traffic or other nuisances perceptible at the lot line at a higher level than is usual in a residential neighborhood.
E.
Industrial use requirements. Industrial uses permitted at § 220-8.6A and B (printing, publishing, and assembly, finishing or packaging of products; other general industrial uses including manufacturing and processing) must comply with the following:
(1)
Applicants must document that there will be no on-site disposals of wastes containing greater concentration of toxic or hazardous substances than commonly found in domestic wastewater.
(2)
There shall be no manufacturing, packaging, or distribution of toxic or hazardous materials.
(3)
Electromagnetic radiation shall not exceed FCC regulations.
(4)
There shall be no medium or heavy industrial uses in a Light Industry or Enterprise district (especially, but not limited to, any of the following: asphalt plants; blast furnaces; coke manufacture; creosote manufacture; chemical manufacture; gas manufacture; production or refining of petroleum products; manufacture of explosives, fireworks or highly flammable substances; and/or storage, collection, treatment, burial, incineration, or disposal of radioactive or other wastes).
[Added 5-7-2001; amended 5-6-2013 by Art. 12]
F.
Accessory outdoor storage and display. Accessory outdoor storage and display permitted at § 220-8.5AA must comply with the following.
(1)
All stored or displayed goods (except that undergoing repair) must be in usable condition without further handling.
(2)
No bulk goods such as building supplies to be stored or displayed outdoors.
(3)
No stored or displayed goods and no gasoline pumps shall be within any required yard.
(4)
All stored or displayed goods shall be screened from any lot line adjoining a Residence District or an existing dwelling.
G.
Accessory apartments.
[Added 5-5-2008 ATM by Art. 17; amended 5-2-2011 ATM by Art. 21; 9-18-2023 STM by Art. 4]
(1)
Either the primary single-family detached dwelling or the proposed accessory apartment must be and remain owner-occupied, except for temporary absences of no more than 12 consecutive months.
(2)
The habitable floor area of the accessory apartment, whether located in a detached accessory structure or in the principal single-family dwelling, shall not exceed 1,500 square feet or 50% of the gross floor area of the primary dwelling, whichever is less.
(3)
The accessory apartment shall have its own separate entrance from the outside.
(4)
The accessory apartment unit shall conform to the Massachusetts Department of Public Health Minimum Standards for Human Habitation and all other applicable state codes for such occupancy.
(5)
If the dwelling is not to be served by both Town water and Town sewerage, then the applicant must document that the Board of Health has determined that provisions for water and sewage disposal will upon occupancy be adequate for the anticipated number of inhabitants.
(6)
At least three parking spaces must be provided to service the primary dwelling and the accessory apartment.
§ 220-9.1 Accessory dwelling units.
[Added 5-5-2025 ATM by Art. 17]
A.
Intent. The intent of § 220-9.1 is to allow for Accessory Dwelling Units (ADUs), as defined under MGL c. 40A, § 1A, to be built as-of-right in Single-Family Residential Zoning Districts in accordance with Section 3 of the Zoning Act (MGL c. 40A), as amended by Section 8 of Chapter 150 of the Acts of 2024, and the regulations under 760 CMR 71.00: Protected Use Accessory Dwelling Units. This zoning provides for by-right ADUs to accomplish the following purposes:
(1)
Increase housing production to address local and regional housing needs across all income levels and at all stages of life.
(2)
Develop small-scale infill housing that fits in context of zoning districts that allow single-family housing while providing gentle/hidden density.
(3)
Provide a more moderately priced housing option to serve smaller households, households with lower incomes, seniors, and people with disabilities.
(4)
Enable property owners to age in place, downsize, or earn supplemental income from investing in their properties.
B.
Definitions. For purposes of this § 220-9.1, the following definitions shall apply:
ACCESSORY APARTMENT
A preexisting second dwelling unit approved by the Lancaster Board of Appeals as provided at § 220-9G, prior to February 4, 2025.
ACCESSORY DWELLING UNIT (ADU)
A self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and requirements, that maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the Building and Fire Code for safe egress. ADUs may be detached, attached, or internal to the principal dwelling. Where ADU appears in this bylaw without reference to the type of ADU, it shall be read to include both protected use ADUs and Local ADUs.
DWELLING UNIT
A single-housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. This can include a housing unit within a single-family, duplex, or multi-unit development.
EOHLC
The Executive Office of Housing and Livable Communities.
GROSS FLOOR AREA (GFA)
The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches, and similar spaces. Where there are multiple principal dwellings on the lot, the GFA of the largest principal dwelling shall be used for determining the maximum size of a protected use ADU.
LOCAL ADU
An ADU that is not a protected use ADU but includes rules specific to Lancaster's Zoning Bylaw.
LOT
An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures, regardless of whether the site conforms to requirements of zoning.
MODULAR DWELLING UNIT
A pre-designed dwelling unit assembled and equipped with internal plumbing, electrical or similar systems, in compliance with the Building and Fire Code, prior to movement to the site where such dwelling unit is affixed to a foundation and connected to external utilities; or any portable structure with walls, a floor, and a roof, designed or used as a dwelling unit, transportable in one or more sections and affixed to a foundation and connected to external utilities.
PRINCIPAL DWELLING
A structure, regardless of whether it, or the lot it is situated on, conforms to zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one dwelling unit and is, or will be, located on the same lot as a protected use ADU or local ADU.
PROTECTED USE ADU
An attached, detached or internal ADU that is located, or is proposed to be located, on a lot in a Residential Zoning District and is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller, provided that only one ADU on a lot may qualify as a protected use ADU. An ADU that is nonconforming to zoning shall still qualify as a protected use ADU if it otherwise meets this definition.
RESIDENTIAL DWELLING UNIT
A structure on a lot containing not more than one single-family, two-family, or multi-family dwelling units.
RESIDENTIAL ZONING DISTRICT
Any zoning district where single-family residential dwellings are a permitted, or an allowable use, including any zoning district where single-family residential dwellings are allowed as of right, or by special permit.
TRANSIT STATION
The Montachusett Regional Transit Authority (MART) Bus Station currently located on Old Turnpike Road in Lancaster. Transit station shall also include any additional location designated by MART after the effective date of this § 220-9.1.
C.
General provisions for all ADUs.
(1)
ADUs shall maintain a separate entrance from the principal dwelling sufficient to meet safe egress under the Building Code and Fire Code.
(2)
ADU construction shall comply with 310 CMR 15.000: The State Environmental Code, Title 5 regulations for a single-family residential dwelling in the Residential Zoning District in which the ADU is located.
(3)
ADUs may not be operated as short-term rentals (rented to a party for fewer than 31 consecutive days), and are subject to any bylaw restrictions or prohibitions adopted by Lancaster pursuant to MGL c. 64G, § 14.
D.
Protected use ADU.
(1)
The Building Commissioner shall approve a Building Permit authorizing one protected use ADU installation and use within or on a lot with a principal dwelling in the Residential Zoning District, including within or on a lot with a pre-existing nonconforming structure, if the following conditions are met:
(a)
Dimensional standards:
[1]
A protected use ADU shall not be larger than a gross floor area of 900 square feet or 1/2 the gross floor area of the principal dwelling, whichever is less.
[2]
Protected use ADU on a lot with a residential dwelling unit shall not have more restrictive dimensional standards than those required for a residential dwelling or accessory structure (§ 220-11, Yard dimensions) within the same district.
(b)
Off-street parking. One private off-street parking space shall be required for use by occupants of each protected use ADU outside of 0.5-mile radius of a transit station. No off-street parking is required for protected use ADUs located within a 1/2-mile radius of the MART transit station.
(2)
An accessory apartment will be considered a protected use ADU if it meets the dimensional and parking requirements in Subsection D(1)(a) and (b). Otherwise, it will be considered a local use ADU.
E.
Local ADU; special permit. The Planning Board shall approve a special permit authorizing a local ADU installation and use within or on a lot with a principal residential dwelling unit in the Residential Zoning District if the following conditions are met:
(1)
No more than one local ADU shall be permitted on any lot in the Residential Zoning District.
(2)
A local ADU that is attached to or internal to the principal dwelling shall not be larger than a gross floor area of 1,500 square feet or 1/2 the gross floor area of the principal dwelling, whichever is less; provided, however, that detached local ADUs shall not have a gross floor area larger than 900 square feet.
(3)
Local ADUs shall comply with the dimensional standards for both the structure and the lot in accordance with Article IV § 220-11, Dimensional standards.
(4)
One additional off-street parking space shall be required for all local ADUs.
F.
Nonconformance. A protected use ADU is permitted within, or on a lot with, a lawfully pre-existing nonconforming structure so long as the protected use ADU can be developed in conformance with the Building Code, 760 CMR 71.00, and state law. A protected use ADU shall be exempt from the required findings under MGL c. 40A § 6.
G.
Administration and enforcement.
(1)
The Building Commissioner shall administer and enforce the provisions of this § 220-9.1 and the Planning Board shall be the special permit granting authority under § 220-9.1E.
(2)
No building shall be changed in use or configuration without a Building Permit from the Building Commissioner.
(3)
No building shall be occupied until a certificate of occupancy is issued by the Building Commissioner.
