A secondary residential unit, complete with its own sleeping, cooking and sanitary facilities, that is attached or a part of the primary structure of a single-family dwelling unit, or a structure accessory thereto but functions as a separate unit.

Accessory dwelling units may be allowed by right in a principal dwelling or in a detached structure on the same lot, provided that each of the following additional conditions are met for a building permit.

A building permit for an accessory dwelling unit may be granted by the Inspector of Buildings. Exterior appearance of a dwelling with an ADU shall be designed so that the appearance of the structure remains that of a single-family dwelling, subject to the following conditions and requirements:

Any deviation from the conditions set forth in § 8.1.3 will require a special permit from the Zoning Board of Appeals. A special permit for an accessory dwelling unit may only be granted by the Zoning Board of Appeals upon a finding that the construction and occupancy of the accessory dwelling unit will not be detrimental to the neighborhood in which the subject property is located and after consideration of the factors set forth in § 10.5 of this bylaw.

The purpose of this section is as follows:

See "senior housing facility" in Section 11.0.

The Planning Board may grant a special permit for a senior housing facility as defined in Section 11.0 and as set forth in the Table of Use Regulations,[1] subject to the requirements of this section.

Dimensional requirements and design standards shall be as follows:

The operator of the senior housing facility may also provide optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the senior housing facility and the accessory uses shall be wholly within a residential structure and shall have no exterior advertising display.

The procedure for a special permit under this section shall be governed by § 10.5.

The purpose of this section, OSRD, is to:

See "open space residential development" in Section 11.0.

In accordance with the following provisions, and as set forth in the Table of Use Regulations, Table 1,[1] an OSRD project may be created, whether a subdivision or not, from any parcel or set of contiguous parcels of five or more acres held in common ownership.

OSRD may be authorized upon the issuance of a special permit by the Planning Board. When an application for approval of an OSRD site plan is filed with the Planning Board, the applicant shall also file, within five working days of the filing of the completed application, accompanying development plan, and other documentation, to the Board of Health, Conservation Commission, Inspector of Buildings, Department of Public Works, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish 11 paper copies and an electronic copy of all submitted materials. Reports from other boards and officials shall be submitted to the Planning Board within 45 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the forty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that forty-five-day period. The Planning Board shall hold a public hearing within 65 days of receipt of a complete application and shall file its written decision with the Town Clerk within 90 days from the close of the public hearing, and notify the applicant of its decision. Incomplete applications will be rejected. The decision shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

The basic maximum number of dwelling units allowed in an OSRD shall not exceed the number of lots which could reasonably be expected to be developed upon the site under a conventional definitive subdivision plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements.

The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The density bonus for the OSRD shall not, in the aggregate, exceed 20% of the basic maximum number. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances:

The applicant will submit a conventional plan. The applicant shall have the burden of proof with regard to the design and engineering specifications for such conventional plan by meeting all applicable dimensional regulations for the zoning district in which the project will be developed. The conventional plan will include lot areas, frontage, wetlands and associated 100- and 125-foot wetland buffers, roadway right-of-way and a dedicated lot for stormwater infiltration or LID (low-impact development) stormwater BMPs (best management practices). The conventional plan will be submitted by the proponent and approved by the Planning Board prior to proceeding to the "concept plan" stage.

Before submitting an application for approval of an OSRD special permit, an applicant must submit a concept plan for approval by the Planning Board. The concept plan shall be prepared by a registered professional engineer, professional land surveyor, or by a multidisciplinary team of which one member must be a registered professional engineer or land surveyor, and shall address the general topographic features of the land, give approximate configurations of the lots - if separate lots are being created and/or proposed residential unit number and location of the units, with any density bonus multipliers included for lot or unit numbers, open space, and roadways, and include the information as appropriate as listed in OSRD site plan Rules and Regulations. When the Planning Board approves the concept plan, the applicant may then file an OSRD special permit application.

An application for an OSRD special permit shall contain a fully engineered plan, conforming with the provisions of this section, all the provisions of Land Subdivision Rules and Regulations. A site plan conforming with § 10.6 shall be included. The site plan shall incorporate the features of the sketch plan but include existing and proposed contour lines in two-foot intervals, stormwater management infrastructure, wetlands, streams and associated 100- and 125-foot wetland buffers, buffers, flood zone boundaries, Zone II and water protection district boundaries, wastewater system design and location, utilities (water, gas, electric and cable when applicable), roadways and sidewalks, existing trails, stone walls, building or other significant structures and all other information as required within the above described bylaws and regulations.

The Planning Board encourages applicants for OSRD to modify lot size, shape, and other dimensional requirements for lots within an OSRD, subject to the following limitations:

As a condition of the grant of any special permit for an OSRD, a minimum of 10% of the total number of dwelling units shall be restricted in perpetuity. The total number of dwelling units shall be the sum of the bonus units, if any, plus the basic maximum number. The restriction shall be approved as to form by legal counsel to the Planning Board to ensure that the dwellings units will count on the Commonwealth's Subsidized Housing Inventory, and a right of first refusal upon the transfer of such restricted homeownership units shall be granted to the local Affordable Housing Trust for a period not less than 120 days after notice thereof.

The OSRD may consist of any combination of single-family, two-family, or three-family residential structures. Residential structures shall be oriented toward the street serving the premises and not the required parking area, unless waived by the Planning Board.

The principal roadway(s) serving the site shall be designed to conform with the standards of the Town where the roadway is or may be ultimately intended for dedication and acceptance by the Town. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the Applicant. Roadway width and sidewalk design can deviate from Planning Board regulations, if approved by the Board.

Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation. Additional parking can be approved and may be desirable but at no time can additional parking be located on roadways outside the proposed development.

A minimum of 20% of the parcel shown on the development plan shall be contiguous open space to the extent possible. Any proposed contiguous open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the Town, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

The contiguous open space shall be restricted from residential development in perpetuity. At the applicant's election, the open space can be conveyed to:

A buffer area of 25 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation; or ii) where the land abutting the site is held by the Town for conservation or recreation purposes; or iii) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

Stormwater management shall be consistent with the requirements for subdivisions set forth in the Rules and Regulations of the Planning Board and the General Bylaws of the Town of Sharon.

In order to maintain and repair any common areas or the required open space, the developer shall create a condominium or homeowner's association. The documents establishing such association shall be approved as to form by Town Counsel. The HOA members names will be filed with the Town Clerk.

The Planning Board may approve, approve with conditions, or deny an application for an OSRD after determining whether the OSRD better promotes the purposes of § 8.3.1 of this OSRD Bylaw than would a conventional subdivision development of the same locus.

The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law[1] or any other provisions of this bylaw.

Within Single Residence, Suburban and Rural Districts, the following uses may be authorized on special permit from the Zoning Board of Appeals:

In Single Residence, Rural and Suburban Districts, and Business District C, a special permit from the Select Board may authorize conversion to multifamily dwelling use of a building then or formerly in municipal use, provided that additions or extensions increase lot coverage by not more than 10% of lot area. Lot area plus contiguous land dedicated to public recreation or conservation use shall equal at least 2,000 square feet per dwelling unit.

Site plan approval shall be required pursuant to § 10.6. The Planning Board shall be the authority for site plan review and the Zoning Board of Appeals shall be the special permit granting authority for all developments in BA District, unless otherwise noted in this bylaw. In addition to the reviews provided in said sections, the Planning Board and Zoning Board of Appeals shall also consider suitability and safety of ways for residents to their apartments, parking areas and usable open space; and the compatibility of the proposed nonresidential uses with residential uses with respect to safety from fire or other hazards and to protection from noise, litter or other nuisance.

Multiple-residence buildings containing three or more dwelling units, and mixed-use buildings with or without residential uses which require a special permit in the Table of Use Regulations,[1] including services related thereto, shall be designed in accordance with the following:

On a lot which is used for residence as well as business uses, the landscaping requirements of § 6.1.10 shall apply to side and rear lot lines, except where driveways or parking areas are shared with an adjoining lot. A strip of lawn or natural vegetation at least 20 feet wide may be substituted in place of the screening otherwise required.

Notwithstanding the provisions of § 6.1.5, all off-street parking required for residences shall be located on the same lot, or adjacent lots, and shall be reserved for the residents and their guests.

Apartments in excess of two dwelling units, including services related thereto, over nonresidential establishments may be authorized in the BB and BC Districts by special permit from the Zoning Board of Appeals, provided that no dwelling unit shall be located below the second floor, in accordance with the following.

Within Business District A, for those developments requiring a special permit for eight or more dwelling units, whether through new construction, substantial rehabilitation, residential conversion, or adaptive reuse, a minimum of 12.5% of dwelling units built shall be affordable housing. Developments shall not be segmented or phased in a manner to avoid compliance with these provisions.

See definitions for "affordable housing; BA District" in Section 11.0.

Any applicant for a special permit for a development of eight or more dwelling units in Business District A must submit to the special permit granting authority a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse types of households, including households for individuals with disabilities and the elderly.

For purposes of calculating the number of units of affordable housing required within a development, any fractional unit greater than or equal to 0.5 shall be deemed to constitute a whole unit.

Affordable housing shall be eligible for inclusion on the Department of Housing and Community Development's (DHCD) Subsidized Housing Inventory (SHI).

The special permit granting authority, as a condition of any approval, may require a project to be phased in order to mitigate any extraordinary adverse impacts on nearby properties. For projects that are approved and developed in phases, the special permit granting authority shall assure the required number of affordable housing units in the project. Such assurance may be provided through use of the security devices referenced in MGL c. 41, § 81U, or through the special permit granting authority's withholding of certificates of occupancy until proportionality has been achieved.

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

Notwithstanding anything to the contrary herein, the affordability provisions in this section shall not be varied or waived.

The purpose of this requirement is to make housing available that is affordable to low and moderate income households. The affordable housing provided shall comply with all requirements for inclusion on the Subsidized Housing Inventory (SHI) of the Department of Housing and Community Development (DHCD).

See the definition of "affordable housing; BD District" in Section 11.0.

The issuance of certificates of occupancy for market rate units shall be scheduled as a condition to be included in the special permit decision.