Marblehead City Zoning Code
ARTICLE IX
Special Permits
§ 200-35 Types of special permits/special permit granting authority.
[Amended 5-1-1995 ATM by Art. 40; 5-6-2019 ATM by Art. 26]
All available special permits are set forth in this Bylaw. If more than one special permit is required, and one of those is a special permit for site plan approval, the special permit for site plan approval must be obtained before other special permits are granted unless the Town Planner determines otherwise in writing. For a particular project, conditions imposed on special permits for site plan approval must be incorporated into other special permits. The Board of Appeals shall be the special permit granting authority unless otherwise set forth herein.
§ 200-36 Process for special permits.
A.
Filing for special permits.
[Amended 5-1-1995 ATM by Art. 41; 5-6-2019 ATM by Art. 26]
(1)
Applications: Filing for all special permit applications shall be filed with the appropriate Board at the office of the Town Engineer. (See rules and regulations of each special permit granting authority for fees and procedures.)
(2)
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. Fees for projects containing publicly-assisted low or moderate income housing may be reduced or waived at the discretion of the special permit granting authority.
B.
Public review. The Planning Board shall, within 14 days after receipt of an application, deliver one copy of the application to the Building Commissioner, Town Engineer, Board of Health and Conservation Commission who or which may, at their or its discretion, investigate the application and report in writing their recommendations to the board that required the application. The Planning Board shall not take final action on the application until it has received a report from the foregoing boards and departments, or until 35 days have elapsed after distribution of such application without a submission of a report. Notice of the filing of the application shall be given to other Town boards and departments as deemed appropriate by the Planning Board.
C.
Public hearing. Pursuant to G.L. c. 40A, sec. 9, the Board of Appeals or Planning Board shall give public notice and hold a hearing within 65 days after the filing of an application for a special permit. Failure of the Board of Appeals or Planning Board to take final action within 90 days following the date the public hearing closes shall be deemed to be a grant of the special permit.
[Amended 5-1-1995 ATM by Art. 40; 5-6-2019 ATM by Art. 26]
D.
Board decision.
[Amended 5-6-2019 ATM by Art. 26]
(1)
Board of Appeals. After holding a public hearing and after giving due consideration to the standards set forth in § 200-36F or other applicable standards set forth herein, the Board of Appeals, by a vote of at least four of its members present, may approve the application or approve with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees as the Board of Appeals may determine. The Board of Appeals may also deny the application.
(2)
Planning Board. After holding a public hearing and after giving due consideration to the standards set forth in § 200-38C or 200-39G or 200-42 or other applicable standards set forth herein, the Planning Board, by a vote of at least four of its members present, may approve the application or approve with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees as the Planning Board may determine. The Planning Board may also deny (§ 200-39, § 200-42) an application.
[Amended 5-1-2023 ATM by Art. 39]
E.
Performance and compliance.
(1)
Covenant may be required. As part of the approval by the special permit granting authority, that board may require the applicant to execute a covenant or require another form of security acceptable to the special permit granting authority, to perform and comply with all conditions and requirements of the decision. This covenant shall be recorded with the Registry of Deeds. Said covenant shall constitute a covenant running with the land and shall act as a lien on the premises. The covenant shall be released upon the recording of a certificate of performance and compliance executed by a majority of the Board. The Board may require a public hearing to determine performance and compliance. The costs of recording the covenant and, where applicable, advertising the public hearing shall be borne by the applicant.
[Amended 5-6-2019 ATM by Art. 26]
(2)
Accessory special permit uses. The granting of special permits shall encompass the right to customary accessory uses to the principal use unless otherwise specified.
(3)
Lapse of special permit. A special permit shall lapse if a substantial use in accord with the permit is not commenced within one year from the issuance of the permit, or in the case of a permit for construction, if construction has not begun within one year from the issuance of the permit, except for good cause shown.
[Amended 5-6-2019 ATM by Art. 26]
F.
General special permit criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following:
[Added 5-6-2019 ATM by Art. 26]
(1)
The general purpose and intent of this Bylaw, and whether
(2)
The specific site is an appropriate location for such use or building; and
(3)
The use as developed will not adversely affect the neighborhood; and
(4)
There will be no nuisance or serious hazard to vehicles or pedestrians;
(5)
Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
§ 200-37 Special permit for use and dimension.
A.
Applicability.
(1)
The Board of Appeals shall determine whether to grant, grant with conditions or deny a special permit for use and dimension for the special permit uses listed in Table 1, and for any use listed in Table 1 the Board of Appeals may alter the dimensional requirements in Table 2 by special permit.[1]
[1]
Editor's Note: Table 1 and Table 2 are included at the end of this chapter.
(2)
The Board of Appeals shall determine whether to grant, grant with conditions or deny other special permit(s) for use and dimension that are required within this Bylaw including but not limited to the following:
[Amended 5-1-2000 ATM by Art. 46; 5-6-2019 ATM by Art. 26]
(a)
Canopy which exceed 150 square feet in gross area and/or seven feet in height.
(b)
Story (see the definition of "story" in § 200-7).
(c)
Zone district boundary dividing a lot (see § 200-9C).
(d)
Restaurant [see § 200-11A(4)(d)].
(e)
Fast-food establishment [see § 200-11A(4)(c)].
(f)
New steps within minimum yard [see § 200-15B(1)].
(g)
Minimum lot width (see § 200-16E).
(h)
Corner lot visibility requirement (see § 200-16F).
(i)
Porch enclosure in required open area (see § 200-16I).
(j)
Parking requirement modification (see § 200-22).
(k)
Parking impact on open area (see § 200-23).
(l)
Earth removal (see § 200-26).
(m)
Equipment noise (see § 200-27).
(n)
House trailer (see § 200-29A).
(o)
(Reserved)
(p)
Change of nonconforming use (see § 200-30B).
(q)
Change of a nonconforming building (see § 200-30C).
(r)
Rebuilding nonconforming building or use after accidental damage (see § 200-32).
(s)
Discontinued nonconforming use of building (see § 200-33).
(t)
Demolished nonconforming building (see § 200-34).
(u)
Alteration of lot with nonconforming use (see § 200-30F).
(v)
Dimensional regulations, listed in general requirements of special permit for nursing homes and assisted living facilities (§ 200-41C).
B.
Conditions for special permit for use and dimension. The Board of Appeals may impose any conditions deemed necessary to achieve the purpose of this Bylaw, including but not limited to the following:
[Amended 5-6-2019 ATM by Art. 26[2]]
(1)
Greater than minimum yard requirements;
(2)
Modification of exterior appearance; limitation of size, or extent of facilities;
(3)
Regulation of traffic and site plan features including additional off-street parking;
(4)
Screening of parking areas or other premises from view by use of appropriate wall, fence, or planting;
(5)
Control of the number, location, size, and lighting of signs;
(6)
An increase in the applicable minimum requirements of zoning compliance set forth elsewhere in this Bylaw.
(7)
Additional design and siting modifications where appropriate.
[2]
Editor's Note: This article also repealed former Subsection B, Standards for special permit for use and dimension, and redesignated former Subsection C as Subsection B. For current provisions, see § 200-36F.
§ 200-38 Special permit for site plan approval.
[Amended 5-5-1997 ATM by Art. 19; 5-1-2000 ATM by Art. 45; 5-6-2019 ATM by Art. 26]
An applicant for site plan approval shall not be issued a building permit unless and until site plan approval has been granted by the Planning Board. No building permit may be issued unless in conformance with an approved site plan.
A.
Applicability. The Planning Board shall be the special permit granting authority for site plan approval and shall determine whether to grant, grant with conditions, or deny if the submission is incomplete, a special permit. A special permit for site plan approval shall be required for the following cases:
(1)
New construction or external addition exceeding 700 square feet in nonresidential or combined nonresidential and residential gross floor area, including both proposed construction and the cumulative construction which has taken place over the previous five years, and to hotels, motels, and rooming houses having a capacity of three or more guests.
(2)
New construction or external addition exceeding 1,000 square feet in gross floor area for a building containing three or more dwelling units.
(3)
Any new construction or external addition provided that the addition exceeds 500 square feet in gross floor area in any of the five Shoreline Districts or in the Harborfront District.
(4)
In the case of accessory buildings within any Harborfront or Shoreline District, the Planning Board may determine that site plan approval is not required.
(5)
Any subdivision resulting in an additional three or more lots. If the subdivision is an "approval not required" plan under G.L. c. 41 Sections 81K - 81GG, the subdivision as defined in this Bylaw,[1] resulting in an additional three lots or more is subject to the site plan approval process prior to the issuance of a building permit.
[1]
Editor's Note: See the definition of "subdivision" in § 200-7.
B.
Submission requirements.
(1)
Each site plan approval special permit application shall be accompanied by the following information:
(a)
Five copies of a certified plot plan at a minimum scale of one inch equals 40 feet and a maximum scale of one inch equals 20 feet. The site plan shall contain:
[1]
Date of site plan with all revisions noted and dated. Title of development; North arrow; scale; map and lot number; name and address of record owner; name and address of person preparing the site plan.
[2]
The names of all owners of record of adjacent properties, and the map and lot number of the properties and all buildings.
[3]
Zoning district boundaries and flood zone boundaries shall be shown as they affect the property.
[4]
Boundaries of the property and lines of existing street, lots, easements and areas dedicated to public use, including rights-of-way.
[5]
A locus map showing the location of the property with reference to surrounding area.
[6]
A table indicating all calculations necessary to determine conformance to Bylaw regulations including current required and proposed regulations.
[7]
Square footage of property to the nearest 10 square feet.
[8]
Location of existing and proposed buildings, walls, fences, culverts, parking areas, loading areas, walkways and driveways.
[9]
Location and dimensions of utilities, gas, telephone, electrical, communications, water drainage, sewer and other waste disposal.
[10]
Location, type and dimensions of landscaping and screening.
[11]
Location of existing rock outcroppings, high points, vistas, ponds, depressions, wetlands, major trees (twelve-inch caliper and over) and any other significant existing features.
[12]
Two-foot contours where slopes are less than 15% and five-foot contours when 15% or more. Existing contours shall be indicated by dashed line. Proposed contours shall be indicated by solid line.
(b)
Five copies of dimensioned schematic drawings of all proposed buildings. Scale shall not exceed 1/4 inch equals one foot nor less than 1/8 inch equals one foot.
(c)
A narrative describing the proposal and addressing the foregoing requirements.
(d)
Location of street numbers indicated on the schematic drawings and/or site plan.
(e)
A completed application form and application fee.
(2)
The Town Planner at a preapplication meeting may waive certain site plan requirements if the Planner determines that the information will not aid the Board in its deliberations.
(3)
The Planning Board may require the applicant to submit the following additional materials no later than 40 days prior to the final date that a decision must be rendered on the application:
(a)
Surface and water pollution. A report on the impact of stormwater runoff on adjacent and downstream surface water bodies, subsurface groundwater and the water table.
(b)
Soils. The potential dangers of erosion and sedimentation caused by the operation and maintenance of the proposed development.
(c)
General environmental impact. A report on the relationship of the proposed development to the major botanical, zoological, geological and hydrological resources of the site, and compatibility of the proposed development with adjacent or surrounding land uses and neighborhoods.
(d)
Traffic impact. A report on existing street capacities, estimated average daily traffic generation, composition, peak hour levels and directional flows resulting from the proposed development, proposed methods to mitigate the estimated traffic impact and methodology and sources used to derive existing data and estimations.
(e)
Story poles installed and location certified at the property at each corner and at the ridge line indicating actual height of proposed building.
(f)
Sample board. Identification of all major exterior materials, colors and finishes.
(g)
Renderings showing the proposed project in relationship to its surroundings.
C.
Standards for special permit for site plan approval. The Planning Board shall consider the following standards:
(1)
The general purpose and intent of this Bylaw;
(2)
The technical requirements of this section; and
(3)
The extent to which:
(a)
The architectural and design features are in harmony with the prevailing character and scale of buildings in the neighborhood and Town (such as but not limited to: building materials, screening, breaks in roof and wall lines, adequate light, air, circulation and separation between buildings).
(b)
The character of the site is preserved (such as but not limited to: protection of historical and natural resources and existing terrain, minimization of grade changes, tree and soil removal).
(c)
Vehicular and pedestrian movement within the site are convenient and safe (such as but not limited to: traffic patterns, circulation, location of driveway openings, parking, loading, access by emergency vehicles, and visibility of and identity of street address numbers).
(d)
External emissions from the site are minimized or eliminated (such as but not limited to: erosion, surface water runoff, pollution, sewage, disposal of refuse, odors, noise, glare, light and any other environmental impacts).
(e)
The adverse effects on abutting lots, the immediate neighborhood and the Town of Marblehead are minimized including (such as but not limited to: conflicts between residential, commercial and industrial uses, obstructions of views, increases in use of Town services and impact on Town infrastructure).
D.
Conditions for special permit for site plan approval. The Planning Board may impose any conditions deemed necessary to achieve the purposes of this Bylaw.
E.
Special permit for site plan approval for public/private schools and places of worship. Lots and buildings occupied by religious or nonprofit educational uses shall be subject to the special permit for site plan approval process, provided that the requirements, standards and conditions with respect thereto shall be modified upon a showing by the school or place of worship that strict application of them to the lot or building is unreasonable and would substantially diminish or impair the religious or educational use of the lot or building without advancing the purposes of the Bylaw. The Planning Board, in implementing the Bylaw shall not take any action, impose any conditions, or make any decisions, which would contravene or be inconsistent with the provisions of Massachusetts General Laws Chapter 40A, Section 3.
§ 200-39 Special permit for incentive zoning.
[Amended 5-6-2019 ATM by Art. 26]
An applicant may seek a special permit for incentive zoning to increase density or intensity of use to a level greater than that allowed by right in the zoning district in which the residential development is located or may grant an exception to vary minimum lot and yard dimensions in accordance with the following provisions.
A.
Applicability. The Planning Board shall determine whether to grant, grant with conditions or deny special permits for incentive zoning to any residential development containing 10 or more dwelling units allowed as a matter of right to the following residential uses:
(1)
Semidetached dwellings;
(2)
Single-family dwellings; and
(3)
Two-family dwellings.
B.
Purpose. The purpose of this section is to promote the general purposes and intent of this Bylaw and to:
(1)
Encourage a greater diversity of housing accommodations; and
(2)
Promote a reasonable mix and distribution of housing opportunities in residential neighborhoods throughout the Town; and
(3)
Increase the supply of housing in the Town that is available to and affordable by low- and moderate-income households; and
(4)
Ensure that such housing is affordable over the long term.
C.
General requirements. The maximum density in any project shall not exceed 12 units per acre including housing units created by new construction or by conversion of a nonresidential structure to housing use.
D.
Target group is low and moderate income. For purposes of this article, "area" shall mean the Salem-Gloucester Standard Metropolitan Statistical Area and "low, moderate, and upper-moderate income" shall mean:
(1)
Low income: 50% area median.
(2)
Moderate income: 51% to 80% area median.
(3)
Upper-moderate income: 81% to 100% area median.
E.
Affordable units.
(1)
Applicants are required to set aside 10% of the units in the development as affordable units, based on the following:
(a)
Of the affordable units, 25% shall serve low-income households, 50% shall serve moderate-income households, and 25% serve upper-moderate-income households.
(b)
Except as otherwise provided by the Planning Board, affordable units shall contain two or more bedrooms and shall be suitable in type and design for families with children.
(c)
When located in the same development with market-rate housing units, affordable units shall be compatible with, and indistinguishable from, the market-rate units with regard to exterior appearance, interior size and design, and basic amenities.
(d)
Affordable units shall be affordable in perpetuity or in a duration to the extent allowed by law and as approved by the Planning Board.
(2)
At the discretion of the Planning Board, applicants may be allowed to set aside a lower percentage of units, under the following conditions:
(a)
A higher percentage of units are targeted toward low-income households;
(b)
A higher percentage of units are multi-bedroom units suitable for large families;
(c)
A percentage of units are designed and constructed to accommodate persons with special needs; and/or
(d)
No public subsidies are available and the Planning Board determines a lower percentage of units is necessary to make the project economically feasible.
(3)
Conversely, the Planning Board may require that a higher proportion of units be set aside where:
(a)
Fewer low-income units are proposed;
(b)
Fewer multi-bedroom units are proposed; and/or
(c)
High levels of subsidy are available.
(4)
Nothing in this section shall preclude a petitioner from setting aside more than the required number of affordable units or from setting aside additional units for higher but limited income groups.
(5)
In determining the total number of affordable units required, a fractional unit of 0.5 or more shall be regarded as a whole unit.
(6)
Alternative contribution methods. At the option of the Planning Board, the requirements of this section may be met through one or more of the methods below or through a combination of these methods and on-site units, provided that the alternative proposed is found by the Planning Board to be advantageous to the Town in creating or preserving affordable housing, and does not result in undue concentration of affordable units. Affordable units provided through the alternative methods below shall comply in all respects other than on-site location with the requirements of this section.
(a)
Off-site location. Some or all of the affordable units may be located on an alternative site or sites suitable for housing use in Marblehead, preferably in the same neighborhood as provided that such units are at least equal in number to the affordable units that would have been provided on site and further that said units shall be created commensurate with the proposed development.
(b)
Cash payment. Petitioner may provide a cash payment to the Town of Marblehead or its designee in an amount that is at least equivalent to the cost of providing the required affordable units on site. Such payments shall be used for the sole purpose of providing or preserving housing targeted to income groups identified in this section and shall be paid prior to the issuance of the first building permit for the proposed development.
F.
Submission requirements:
(1)
A site plan of the proposed development and all information listed in Article X, Site Plan Approval;[1]
[1]
Editor's Note: So in original. This Bylaw does not contain an article with this title.
(2)
Plans defining the locations and numbers of affordable housing units;
(3)
The sales or rental price of each inclusionary housing unit as defined by this article, according to the current guidelines established by MHFA and EOCD;
(4)
List of all other special permit(s) or variances requested;
(5)
In instances where affordable units are being subsidized by a state or federal agency, a letter of commitment, to the extent possible.
G.
Standards for special permits for incentive zoning. The Planning Board shall, in reviewing an application for a special permit under this article, consider the standards listed in §§ 200-36F and 300-37B.
H.
Conditions for special permits for incentive zoning. The Planning Board may impose any conditions deemed necessary to achieve the purposes of this Bylaw.
§ 200-40 Special permit for wireless communication facilities (WCF).
[Added 5-5-1997 ATM by Art. 24]
A.
Applicability. An applicant for a WCF may not be issued a building permit unless or until a WCF special permit has been issued by the Planning Board. The Planning Board shall approve, or approve with conditions, if the petitioner can fulfill the requirements of this section. An application for a WCF special permit may be denied if the petitioner cannot fulfill the requirements of this section.
[Amended 5-6-2019 ATM by Art. 26]
B.
Purpose. The purpose of these regulations include: minimizing adverse impacts of WCF's and antennas on adjacent properties and residential neighborhoods, including but not limited to: minimizing the overall number and height of such facilities to only what is essential, and promoting shared use of existing facilities to reduce the need for new facilities.
C.
General requirements.
(1)
Only monopoles shall be issued WCF special permits. Lattice-style towers with legs and/or guy wires for support are not allowed.
(2)
To the extent feasible, all service providers shall locate all WCF's on a single facility. WCF's shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
(3)
WCF structures shall be removed by the landowner at the owner's expense within one year of cessation of use for the particular purpose for which the applicable special permit or any other permit was originally issued for such WCF.
(4)
Any proposed extension in the height, addition of cells, antennas or panels, constitution[1] of a new facility, or replacement of a facility, shall be subject to a new application for modification of the special permit.
[Amended 5-6-2019 ATM by Art. 26]
[1]
Editor's Note: So in original.
D.
Submission requirements. All applications for WCF special permit shall be made and filed with the Planning Board. For an application to be considered complete, five copies of the following must be submitted:
(1)
A locus plan of the proposed area at a scale of no greater than one inch equals 200 feet which shows property lines, the exact location of the proposed structure(s), streets, residential dwellings and all building within 700 feet of the property.
(2)
A color photograph or rendition of the proposed facility with its antennas or panels. A rendition shall also be prepared illustrating a view of the monopole, dish or antenna from the nearest street or streets.
(3)
The following information must be submitted and prepared in written form by a knowledgeable registered professional engineer:
(a)
A description of the facility.
(b)
The technical, economic and other reasons why the proposed location, height and design fulfills the purposes set forth in Subsection B.
(c)
Confirmation that the facility complies with all applicable federal and state rules, regulations, laws and standards.
(d)
A description of the capacity of the facility including the number and type of panels, antennas and/or transmitter's receivers that it can accommodate and the basis for these calculations.
(e)
Confirmation to the Building Commissioner from a knowledgeable registered professional engineer that the proposed facility complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. This confirmation will be provided to the Building Commissioner by the tower's then current owner every two years after issuance of the original building permit.
(f)
The applicable review and advertising fees as noted in the application guidelines.
E.
Design guidelines. The following guidelines shall be used when preparing plans for the siting and construction of all wireless communication facilities.
(1)
No facility shall exceed 65 feet in height as measured from ground level at the base of the facility. A special permit for use and dimension from the Board of Appeals may be granted for heights which exceed 65 feet in addition to obtaining a WCF special permit.
(2)
All facilities and antennas shall be painted or otherwise colored to blend in with the landscape or the structure on which they are located.
(3)
Wireless communication facilities and antennas shall be suitably screened from abutters and residential neighborhoods.
(4)
Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town.
(5)
Existing on-site vegetation shall be preserved to the maximum extent possible.
(6)
There shall be no signs, except for announcement signs, no trespassing signs, required safety signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with the Town of Marblehead Sign Bylaw.[2]
[2]
Editor's Note: See Ch. 148, Signs.
(7)
A facility shall not be erected nearer to any property line than a distance equal to a minimum of 75 feet measured from the lowest point of the base of the facility.
(8)
A facility shall be located a minimum of 500 feet from the nearest residential structure.
[Amended 5-6-2019 ATM by Art. 26]
(9)
Night lighting of towers shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or required by FAA.
(10)
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(10), which limited the height of wireless communications antennas, was repealed 5-6-2019 ATM by Art. 26. For current provisions, see § 200-14A(9).
(11)
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(11), which required that the visibility of wireless communication antennas be minimized, was repealed 5-6-2019 ATM by Art. 26. For current provisions, see § 200-14A(8).
(12)
Equipment boxes mounted on the ground must meet the setback requirements for the district in which they are located and shall either be screened by fencing or landscaping. Wireless communication antennas associated equipment boxes are permitted as a matter of right. Buildings (see definition of "building" in § 200-7) housing associated equipment must obtain a special permit from the Board of Appeals.
[Amended 5-5-1998 ATM by Art. 28]
(13)
All antennas shall be flush mounted to the monopole in order to minimize their visibility.
[Added 5-3-1999 ATM by Art. 38]
§ 200-41 Special permit for nursing homes and assisted living facilities.
[Added 5-3-1999 ATM by Art. 36]
An applicant may seek a special permit for nursing homes and assisted living facilities to increase the density or intensity of use to a greater level than that allowed by right in the zoning district in which the facility is located in accordance with Subsection C.
A.
Applicability. The Board of Appeals shall determine whether to grant, grant with conditions or deny special permits for nursing homes and assisted living facilities to allow a facility on a parcel of land, in any district, which can accommodate 10 or more residential dwelling units allowed as a matter of right and complies with the minimum dimensional requirements listed in Subsection C.
B.
Purpose. The purpose of this section is to promote the general purposes and intent of this Bylaw and to:
(1)
Encourage a variety of housing accommodations for the elderly population;
(2)
Promote elderly housing opportunities throughout the Town;
(3)
Increase the amount of elderly housing options within the Town.
C.
General requirements.
(1)
Density. The maximum density on any project shall not exceed 30 beds per acre including units created by new construction or by conversion of a nonresidential structure to a nursing home or assisted living facility use.
(2)
Dimensional requirements.
(a)
Minimum lot frontage: 100 feet.
(b)
Minimum front yard: 25 feet.
(c)
Minimum side yard: 25 feet.
(d)
Minimum rear yard: 25 feet.
(e)
Minimum yard abutting a residential use: 75 feet.
(f)
Maximum building height: 35 feet.
(3)
Parking requirements.
(a)
Nursing home: one space for every four beds plus one space for every two employees during the largest shift.
(b)
Assisted living facility: one space for every two beds plus one space for every two employees during the largest shift.
(c)
Open space ratio: not less than 420 square feet per bed.
D.
Submission requirements.
(1)
A site plan of the proposed development and all information listed in § 200-37B.[1]
[1]
Editor's Note: See now § 200-38B.
(2)
Plans defining the number of units; and a description of the units including number of beds per unit, size and layout.
(3)
A narrative describing the number of employees, hours of shifts, etc.
(4)
A plan showing the by-right scenario (number of lots allowable as a matter of right).
(5)
A traffic impact report on existing street capacities, estimated average daily traffic generation, composition, peak hour levels and directional flows resulting from the proposed development.
E.
Standards for special permit for nursing homes and assisted living facilities.
(1)
Architectural and design features are compatible with the existing neighborhood.
(2)
Vehicular and pedestrian movement within the site are convenient and safe, such as but not limited to, traffic patterns, circulation, location of driveway openings, parking, loading, visibility of identification of street address, and access by emergency vehicles.
[Amended 5-6-2019 ATM by Art. 26]
(3)
Adverse effects on abutting lots, the immediate neighborhood and the Town are minimized.
(4)
External emissions from the site are minimized or eliminated including erosion, surface water runoff, pollution, sewage, disposal of refuse, odors, noise, glare, light and other environmental impacts.
F.
Conditions for special permits for nursing homes and assisted living facilities. The permit granting authority may impose conditions deemed necessary to achieve the purposes of this Bylaw.
§ 200-42 Accessory dwelling units.
[Added 5-1-2023 ATM by Art. 39]
A.
Purpose. This section authorizing the provision of accessory dwelling units is intended to:
(1)
Increase the number of small dwelling rental units available in the Town;
(2)
Increase the number of affordable rental units available in Town;
(3)
Increase the range of choice of housing accommodations to meet the needs of households;
(4)
To increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households;
(5)
To encourage the efficient use of the Town's housing supply while preserving the character of the town's neighborhoods;
(6)
To maximize privacy, dignity, and independent living among family members preserving domestic family bonds as well as to protect the stability, property values, and the residential character of the neighborhood.
B.
General requirements.
(1)
No more than one accessory dwelling unit shall be permitted for each principal dwelling unit.
(2)
Accessory dwellings units are only allowed in or as an accessory to single-family dwellings.
(3)
Accessory dwelling units are allowed within or attached to an existing single-family structure or detached accessory building with a permanent foundation and that is accessory to existing single-family structure.
(4)
At least one owner of the residence in which the accessory dwelling unit is created shall reside in one of the dwelling units, either the principal or accessory unit created therein, as a principal place of residence. For the purpose of this section, the "owner" shall be one or more individuals who hold title to the property, or a purchase and sales agreement and for whom the dwelling shall be the primary residence as evidenced by voter registration, tax return or other documentation demonstrating primary residence. Owner occupancy is required for an accessory dwelling unit to be permitted.
(5)
The accessory dwelling unit may not be sold or transferred separate and apart from the principal dwelling to which it is an accessory use. The principal dwelling and the accessory dwelling unit shall remain in common or single ownership and shall not be severed in ownership.
(6)
Short-term rentals, as defined, are prohibited in both the accessory and principal dwelling units.
C.
Exterior appearance and size. The accessory dwelling unit shall be designed to maintain the appearance and essential character of a one-family dwelling with accessory structures, subject further to the following conditions and requirements:
(1)
Where two or more entrances exist on the front facade of a dwelling, one entrance shall appear to be the principal entrance and other entrances appear to be secondary.
(2)
All stairways to the accessory dwelling unit above the first floor shall be located on the rear or side of the dwelling.
(3)
The accessory dwelling unit shall not contain in excess of 1,000 square feet of habitable space or exceed 50% of the gross floor area of the principal dwelling, whichever is less.
(4)
The accessory dwelling unit shall not contain more than two bedrooms.
(5)
The accessory dwelling unit shall meet all regulations of the Board of Health.
(6)
The accessory dwelling unit shall be clearly subordinate in use, size and design to the principal dwelling.
D.
Procedure. The Planning Board shall be the special permit granting authority (SPGA) for accessory dwelling units. The SPGA shall determine whether to grant, grant with conditions or deny special permits in accordance with the standards in Subsection D(2) below, if an accessory dwelling unit is proposed which is:
• | Within an existing single-family structure or detached accessory building; or |
• | An addition to an existing single-family structure or detached accessory building or a new accessory structure. |
(1)
Submission requirements:
(a)
A completed application for an accessory dwelling unit must be submitted to the Planning Board.
(b)
A certified plot plan of the proposed accessory dwelling unit, the principal dwelling where it is to be located and all floor plans and elevations.
(c)
All plans shall be drawn to scale and identify the existing structure and proposed modifications to create the accessory dwelling unit.
(d)
A description of the units, including number of bedrooms, size and layout.
(e)
A notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence.
(2)
Standards for special permit for ADUs.
(a)
Architectural features and design are compatible with the existing neighborhood.
(b)
Vehicular and pedestrian movement is safe and convenient (parking is provided or adequate in neighborhood, curb cuts do not exceed allowed).
(c)
Adverse effects on abutters are minimized (limited or no impact from the street; and privacy).
(d)
In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.
(e)
The Planning Board may impose any conditions deemed necessary to achieve the purposes of this bylaw, including dimensional relief.
E.
Additional conditions and requirements for all accessory dwelling units.
(1)
The accessory dwelling unit must be capable of being discontinued as a separate dwelling unit without demolition of any structural component of the principal dwelling.
(2)
There shall be no occupancy of the accessory dwelling unit until the Building Department has issued a certificate of occupancy certifying that the principal dwelling and accessory dwelling unit are in compliance with all applicable health and building and fire codes.
(3)
The building permit/certificate of occupancy shall be revoked upon determination by the Building Inspector that any condition imposed by the Town has not been fulfilled.
(4)
By filing the application for a building permit for an accessory dwelling unit, all owners consent to an inspection upon reasonable notice by the Building Inspector to ensure compliance with all terms of this section.
(5)
When a structure which has received a permit for an accessory dwelling unit is sold, the new owner(s), if they wish to continue to exercise the permit, must, within 30 days of the sale, submit a notarized letter stating that they will occupy one of the dwelling units on the premises as their primary residence. This shall be part of municipal lien certificate.
F.
Enforcement and termination. In addition to the authority of the Building Commission under any other provisions of this bylaw, statute or regulations, the following shall apply:
(1)
It shall be the duty of the Building Commissioner to administer and enforce the provisions of this bylaw.
(2)
No building shall be constructed or changed in use or configuration until the Building Commissioner has issued a permit.
(3)
Any new building or structure shall conform to all adopted state and Town laws, bylaws, codes and regulations. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector where required.
(4)
The Building Commissioner shall issue a cease-and-desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this chapter.
(5)
The accessory dwelling unit use shall terminate immediately upon any violation of any term or condition of this bylaw that the owner fails to appeal or cure, upon 30 days' written notice mailed to the applicant and to the occupants at the dwelling address by certified mail, return receipt requested.
(6)
Duties of owner upon termination include:
(a)
The owner shall discontinue the use of the accessory dwelling unit as a separate dwelling unit.
(b)
The kitchen facilities of the accessory dwelling unit shall be removed.
(c)
Any additional exterior entrance constructed to provide access to the accessory dwelling unit shall be permanently closed.
G.
Severability. All the clauses of this bylaw are distinct and severable, and if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of any other clause or portion of this bylaw.
H.
Definitions.
ACCESSORY DWELLING UNIT
An accessory apartment is a second dwelling unit subordinate in size to the principal dwelling unit on a lot, located in either the principal dwelling or an accessory structure.
AFFORDABLE ACCESSORY DWELLING UNIT
EXISTING DETACHED ACCESSORY BUILDING
A detached accessory building that is existing as of the effective date of this bylaw and that has a permanent foundation.
PRINCIPAL DWELLING UNIT
A dwelling unit permitted as a principal residential use under § 200-11 Classification of uses, limitation of uses.
SHORT-TERM RENTAL UNIT
An owner-occupied, tenant-occupied or non-owner-occupied property, including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed-and-breakfast establishment, or accessory dwelling unit where: (i) at least one room or unit is rented to an occupant or sub-occupant; and (ii) all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such. For the purpose of this, the Accessory Dwelling Unit Bylaw, a short-term rental shall be anything leased for fewer than 90 days.