Palmer City Zoning Code
ARTICLE VIII
Residential Zones
§ 171-43 Purpose.
A.
Purpose. The Rural Residential/Agricultural and Suburban Residential Zones are intended to preserve land and to provide housing opportunities for individual households. The regulations are intended to create, maintain and promote single-dwelling neighborhoods. They allow for some nonhousehold living uses but not to such an extent as to sacrifice the overall image and character of the single-dwelling neighborhood. The regulations preserve the character of neighborhoods by providing three different zones with different densities and development standards. It is intended that these regulations will promote desirable low-density residential areas by promoting aesthetically pleasing environments, safety, privacy, energy conservation, and recreational opportunities. These regulations will also help to preserve open space for wildlife habitat, conservation and passive recreation uses and the remaining prime agricultural lands and forestlands within the Town by providing for open space residential developments. Larger lot sizes in some areas within the Town will also aid in the preservation of natural resources and will also help to establish a sewer avoidance area where lot sizes are such that it will eliminate the necessity of extending sewer lines into these areas. The site development standards allow for flexibility of development while maintaining compatibility within the Town's various neighborhoods. In addition, the regulations provide certainty to property owners, developers, and neighbors about the limits of what is allowed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The Town Residential Zones are intended to provide opportunities for multi-dwelling housing. The regulations are intended to create and maintain higher density residential neighborhoods. At the same time, they allow for large-scale institutional campuses and other nonresidential uses but not to such an extent as to sacrifice the overall residential neighborhood image and character.
[Amended 5-14-2001 ATM by Art. 29]
C.
The Town Residential Zones are distinguished primarily by density and development standards. The regulations are intended to create desirable residential areas by promoting aesthetically pleasing environments, safety, privacy, energy conservation, and recreational opportunities. The development standards generally assure that new development will be compatible with the Town's character. At the same time, the standards allow for flexibility for new development. In addition, the regulations provide certainty to property owners, developers, and neighbors about the limits of what is allowed.
[Amended 5-14-2001 ATM by Art. 29]
§ 171-44 List of residential zones.
[Amended 5-14-2001 ATM by Art. 29]
The full names and abbreviations of the residential zones are listed below.
Full Name | Abbreviation |
|---|---|
Rural Residential/Agricultural | RR |
Suburban Residential | SR |
Town Residential | TR |
§ 171-45 Other zoning regulations.
The regulations in this chapter state the allowed uses and development standards for the base zones. Sites with overlay zones are subject to additional regulations. The Official Zoning Map and Overlay Maps indicate which sites are subject to these additional regulations.
§ 171-46 Use regulations.
Primary Uses.
A.
Allowed uses. Uses allowed in the residential zones are listed in § 171-47, the Table of Use Regulations, with a "Y." These uses are allowed if they comply with the standards and other regulations of this chapter. Being listed as an allowed use does not mean that a proposed use will be permitted if the criteria of this section cannot be met. In addition, a use listed is subject to all other requirements of this chapter. Uses that are allowed may also require site plan approval as indicated in § 171-27.
B.
Special permit uses. Uses allowed by special permit only are designated with an "SP." These uses are subject to the special permit criteria as described in this chapter.
C.
Site plan approval. Uses allowed by site plan approval only are designated with an "SPA." These uses are subject to the site plan approval criteria as described in this chapter.
§ 171-47 Table of Use Regulations: Residential Zones. [1]
[Amended 5-15-2000 STM by Art. 15; 5-14-2001 ATM by Art. 29; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Zoning Designation | |||
|---|---|---|---|
RR | SR | TR | |
Residential Categories | |||
Single-family dwelling | Y | Y | Y |
Household living | Y | Y | Y |
Open space residential developments | SP | SP | SP |
Tourist home/bed-and-breakfast | SP/SPA | SP/SPA | SP/SPA |
Accessory apartment for family member | SP/SPA | SP/SPA | SP/SPA |
Accessory apartment for rental to non-family member | N | SP/SPA | SP/SPA |
Elderly housing single-family housing community | Y | Y | Y |
Elderly housing - multifamily units, apartments and townhouses | SP/SPA | SP/SPA | SP/SPA |
Two-family dwellings | N | N | Y |
Townhouses | N | SP/SPA | SP/SPA |
Three-family dwellings | N | N | SP/SPA |
Multifamily residential units | N | N | SP/SPA |
Lodging houses | N | SP/SPA | SP/SPA |
Commercial Categories | |||
Home occupation uses | SP | SP | SP |
Sole proprietor - no on-site employees or customers | Y | Y | Y |
Veterinary hospital in which all animals are kept inside pens or buildings | SP/SPA | N | N |
Retail sales and service | N | N | N |
Office | N | N | N |
Quick vehicle servicing | N | N | N |
Vehicle repair | N | N | N |
Commercial parking | N | N | N |
Self-service storage | N | N | N |
Campground | SP/SPA | N | N |
Commercial outdoor recreation | SP/SPA | SP/SPA | N |
Major event entertainment | N | N | N |
Seasonal cottage resort | SP/SPA | N | N |
Industrial Categories | |||
Manufacturing and production | N | N | N |
Warehouse and freight movement | N | N | N |
Wholesale sales | N | N | N |
Industrial service | N | N | N |
Railroad yards | N | N | N |
Waste-related | N | N | N |
Institutional Categories | |||
Basic utilities | SP | SP | SP |
Community Service/Municipal Uses | |||
Parks and open areas | Y | Y | Y |
Municipal uses | Y | Y | Y |
Public or private school, college or university | Y | Y | Y |
Historical society (may include residence of caretaker) | Y | Y | Y |
Nursing home | SP/SPA | SP/SPA | SP/SPA |
Assisted-living facility or life-care facility | SP/SPA | SP/SPA | SP/SPA |
Medical centers | N | N | N |
Religious institutions | Y | Y | Y |
Elder day care in the home | Y | Y | Y |
Family day care in the home (including family day-care home plus and family day-care home, large) | Y | Y | Y |
Private day care, nursery care or kindergarten | SPA | SPA | SPA |
Other Categories | |||
Agriculture, floriculture, viticulture, aquaculture, silviculture | Y | Y | Y |
Temporary greenhouse or stand for retail sale of agricultural products | Y | Y | Y |
Noncommercial forestry and growing of all vegetables | Y | Y | Y |
Heliport/Airport | SP/SPA | N | N |
Commercial telecommunications towers | SP/SPA | SP/SPA | SP/SPA |
Earth removal operations | SP/SPA | N | N |
Marijuana retailers | N | N | N |
Independent testing laboratory | N | N | N |
Marijuana cultivator | N | N | N |
Marijuana product manufacturer | N | N | N |
Medical marijuana treatment center | N | N | N |
Other type of licensed marijuana-related business | N | N | N |
Registered marijuana dispensary (RMD) | N | N | N |
Large-scale ground-mounted solar | N | N | N |
§ 171-48 Planned senior housing development.
[Added 5-6-2002 ATM]
Planned senior housing developments shall be subject to special permit pursuant to § 171-26 of this chapter and site plan approval pursuant to § 171-27 of this chapter. In addition to the other criteria set forth in these sections and the General Laws, these procedures and standards shall apply to all planned senior housing developments.
A.
Purpose. The purpose of the planned senior housing development section is to allow for flexible residential developments intended to serve the 55-and-older population of our community. These residential developments may include townhouses, multifamily units and apartments. The development standards are flexible to help make the housing more affordable by allowing units to be clustered, thereby requiring less infrastructure to be constructed. Preservation of open space and conservation of significant natural features will also be required in these types of housing developments. The open space will allow areas for passive recreation uses, community gardens, walking paths, swimming pools, tennis courts and other similar amenities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Use regulations. The following uses shall be permitted in a planned senior housing development:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
One-family detached dwellings;
(2)
Townhouses;
(3)
Multifamily dwellings not to exceed four units per building;
(4)
Any recreational use or community facility associated with the development; including, but not limited to, such facilities as tennis courts, swimming pools, gardens, community buildings and clubhouses; and
C.
Minimum lot size requirements. The dimensional requirements for a planned senior housing development are as follows:
(1)
The minimum parcel size is 10 acres. Land under permanent water bodies shall not be counted towards the minimum lot area. No more than 50% of the lot shall be wetlands, encumbered by easements or be unusable due to other conditions.
(2)
The parcel must have a minimum of 60 feet of frontage on a public way as defined in this chapter. Parcels within the planned senior housing development have no minimum frontage requirement.
(3)
The minimum front setback shall be 100 feet. Side and rear setbacks shall be 75 feet. These setbacks apply only to the periphery of the property. There shall be no setback requirements for the individual structures within the planned senior housing development; however, no two residential structures shall be placed any closer together than 10 feet.
(4)
A buffer strip suitable to provide a visual barrier between adjoining properties of at least 30 feet must be maintained along the perimeter of the property. Additional buffering may be required by the Board when deemed necessary to buffer sensitive areas. The Planning Board may modify or waive the buffer requirement where topography or other circumstances warrant a change. A buffer plan must be submitted as part of the application.
(5)
In certain circumstances, the Planning Board may grant a special permit to allow a reduction in the side yard setback, but in no instance shall a side setback requirement be reduced to any less than 30 feet. These special permits are discretionary. The Planning Board shall consider the following criteria when considering granting a special permit for a reduction in the side yard setback:
(a)
The applicant must demonstrate through the use of visual tools why the proposed development cannot meet the minimum side yard setback.
(b)
The applicant shall not vary the side setback requirement any more than is necessary to accommodate the stated need for dimensional relief.
(c)
The applicant must demonstrate that there is no reasonable alternative site and building design that would maintain the dimensional requirements of this chapter.
(d)
The applicant must demonstrate that the intent of this chapter will met, even with a reduction in the side yard setback.
D.
Density requirements. One dwelling unit will be allowed for every 30,000 square feet in the development.
E.
Parking and circulation requirements. All planned senior housing developments shall provide for the following:
(1)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking.
(2)
Vehicular access to the planned senior housing development shall be provided from an existing public way which, in the opinion of the Planning Board, is adequate to service the proposed development. As a matter of public safety, an alternate emergency access may be required.
(3)
Roads and walkways within the planned senior housing development shall be privately owned and maintained and shall be designed in accordance with sound engineering practices and shall be designed with sufficient width, suitable grade and adequate construction to safely provide for the needs of vehicular and pedestrian traffic generated by the development.
F.
Common open space requirements. All planned senior housing developments shall provide the following:
(1)
All land within the planned senior housing development which is not covered by buildings, roads, driveways, parking areas or other development, or which is not set aside as private yards, patios or gardens for the residents, shall be common open space. The area of the common open space shall equal at least 40% of the total area of the development tract. Such land shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation, or agricultural purposes by all the residents of the development.
(2)
Suitable and usable outdoor recreational area or areas shall be provided for the use of the tenants. At least 6,000 square feet per dwelling unit must be usable open space for active and passive recreation. Such space shall not include wetlands as determined by the Conservation Commission. Usable open space shall be defined to include land for community gardens, hiking/jogging paths, tennis courts, swimming pools, or similar facilities. Structures or buildings accessory to recreation, conservation or agricultural uses may be erected but shall not exceed 2% coverage of the common open land.
(3)
Further subdivision of common open land or its use for other than recreation, conservation, or agriculture, except for easements for underground utilities, shall be prohibited. Provision shall be made so that the common open space shall be owned in common and accessible to the owners and residents of all units in the development, or by a membership corporation, trust or association whose members are the owners and residents of the units.
G.
Community facility. Unless waived by the Planning Board, a community room or facility must be established for use by the residents. There shall also be room for meetings and other functions held by the residents.
H.
Community association.
(1)
An owners' association shall be established, requiring membership of each lot or unit owner in the planned senior housing development. The association shall be responsible for the permanent maintenance of communal water, sewage, recreational and thoroughfare facilities. An association agreement of covenant shall be submitted with the special permit application guaranteeing the continuing maintenance of such common utilities, land and facilities, assessing each unit a share of maintenance expenses. Such agreement shall be forwarded to Town Counsel for his/her comments. In the case of rental units, the property owner shall be responsible for all maintenance of the facility as detailed above.
(2)
Such agreements or covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to prevent the common land from becoming a public nuisance. The covenants and agreements shall also provide that the cost of such maintenance by the Town shall be assessed ratably against the properties within the development.
I.
Application contents. All applications for a planned senior housing development shall include the following:
(1)
A completed application form.
(2)
A project report narrative explaining the nature of the proposal, including work that will be done on the property, the development concept, the number of units, the number of bedrooms per unit, the number of projected occupants, the projected number of average daily trips from the development, the total lot coverage, the total open space, and a description of any other significant site features and site amenities to be provided. The narrative should also detail provisions for sewage disposal and water supply.
(3)
A site plan prepared in accordance with the site plan section of this chapter.[1] The plan shall include the layout of all private ways to be constructed within the development. Plans shall also detail the proposed drainage system, complete with drainage calculations and any other information as may be required by the Town of Palmer Regulations Governing the Subdivision of Land.[2]
J.
Enforcement. In addition to all other enforcement tools available to the Board, the Board shall require the following:
(1)
As a condition of its approval, the Planning Board may establish time limits for any development or phases thereof.
(2)
Before any building permits are issued for buildings in a given phase, the developer may be required to provide the Town with performance security in a form and amount satisfactory to the Planning Board to guarantee the construction of required site improvements.