Stoughton City Zoning Code

Encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;

Preserve historical and archeological resources; to protect the natural environment, including the Town's varied landscapes and water resources;

Protect the value of real property;

Promote more sensitive siting of buildings and better overall site planning;

Perpetuate the appearance of the Town's traditional New England landscape;

Facilitate the construction, operation and maintenance of streets, utilities, and public services in a more economical and efficient manner;

Offer an alternative to standard subdivision development;

Promote the development of housing affordable to low, moderate, and median income families; and

Promote the development of housing for persons over the age of 55.

A development plan conforming to the requirements for a preliminary plan as set forth in the Subdivision Rules and Regulations of the Planning Board.

Where wetland delineation is in doubt or dispute, the Planning Board may require appropriate documentation.

Data on proposed wastewater disposal, which shall be referred to a consulting engineer for review and recommendation.

The Planning Board may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein, but not limited to, including proposed deed restrictions and condominium documents.

Understanding the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.

Evaluating site context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

Designating the contiguous open space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.

Location of development areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with[1].

Lot lines. The final step is simply to draw in the lot lines (if applicable).

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the flexible development; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lots are consistent with existing development patterns in the neighborhood.

Side and rear yards shall be at least 10 feet, except as otherwise provided in this section.

The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands or ledge; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in Section 7.1.13, Subsection 1, above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.

The contiguous open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.

The contiguous open space shall remain unbuilt upon, provided that the Planning Board may permit up to 20% of such open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bike paths.

Underground utilities to serve the flexible development site may be located within the contiguous open space.

The Town or its Conservation Commission;

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;

A corporation or trust owned jointly or in common by the owners of lots within the Flexible Development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the Town an easement for this purpose. In such event, the Town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the Town may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded.

To provide for housing options that reduce maintenance costs and are more affordable than traditional single-family dwellings;

To provide a mechanism for development of a range of housing types that are responsive to the sociocultural, health care, and recreational needs of residents;

To use energy, water, and materials more efficiently by increasing the housing supply through concentrated, small-scale development;

To establish residential development standards and procedures that will support these objectives; and

To facilitate housing production, diversity, and affordability in the Town's neighborhoods.

The ADU 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 state building code for safe egress;

ADU can be an attached or detached structure maintaining the requirements of the state building code for fire separation.

The ADU is not larger in gross floor area than 1/2 the gross floor area of the largest principal dwelling or 900 square feet, whichever is smaller;

The ADU shall meet all minimum requirements for residential occupation per 105 CMR 410, including adequate water and sewage disposal;

The ADU shall not be used as a short-term rental unit;

No ADU shall be constructed without issuance of a building permit by the Building Commissioner;

No ADU shall be constructed without Board of Health review & approval to insure compliance with 105 CMR 410 and 310 CMR 15.00 and any associated necessary water (if a private well) or wastewater upgrade requirements under Title 5 including State nitrogen loading limitations;

No use of an ADU shall be permitted prior to issuance of a certificate of occupancy by the Building Commissioner. A certificate of occupancy shall be issued after the Building Commissioner determines that the ADU as constructed is in conformity with the provisions of this by-law.

An ADU attached to the principal dwelling shall be designed so that the appearance of the structure remains that of a dwelling, subject further to the following requirements:

An ADU attached to the principal dwelling shall be subject to all applicable dimensional requirements per Section 4.0 of this Zoning By-Law.

An ADU detached from the principal dwelling shall be located behind the front line of the principal building on the lot.

An ADU detached from the principal dwelling shall be setback a minimum of 10 feet from the principal dwelling, 15 feet from the rear lot line and 10 feet from a side lot line.

There shall be a minimum of one off-street parking space per ADU in addition to the parking spaces that are required by the underlying zoning district for the principal dwelling;

No additional parking spaces over and above that of the underlying zoning district shall be required if the ADU is located within 0.5 miles from a commuter rail station, subway station, ferry terminal, or bus station;

A single driveway shall serve both the principal dwelling and the ADU. An ADU may have a separate parking area. Lots that front on more than one road may have a second driveway on the other road.

A site plan shall be presented for the entire development. This shall include parcels of land intended for use but separated from the main parcel by a public or private way.

The site plan shall be submitted to the Planning Board for approval.

The following uses shall be permitted: residential, community facilities for exclusive use of the residents, and commercial (retail or service establishment). The gross floor area devoted to commercial uses shall not exceed 5% of the total residential gross floor area and shall not be located above the first floor.

The proposed conversion shall comply with the dimensional and density regulations for the R-M District and to the provisions of Section 4.1.5, except that the minimum yard dimensions and maximum building area may be adjusted as deemed appropriate by the Planning Board.

At any one time, not more than 10% of the total dwelling units shall contain three or more bedrooms.

For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and age-restricted housing.

The development shall be served by public water and sewerage.

Parking facilities shall meet the requirements of Section 6.1, except the required number of spaces shall be one additional for each five units for visitor parking. In age-restricted housing projects, the parking requirements shall be reduced by 50%.

Such other conditions as the Board may find appropriate in accordance with Section 10.5 may be imposed.

Parking must be off street, on premises, with one space per room rented and one per owner.

No other uses except for customary home occupation permitted on the property.

No additions or external modifications may be made to the property for lodging use.

Certificate of occupancy required subject to annual inspection.

Protect and maintain the residential character of existing neighborhoods.

To define short-term rental use and regulate the use of short-terms rentals in the town;

With the overall well-being of residents and neighborhoods in mind, to strike a balance between competing interests such as the need for long-term rental housing and the benefits of short-terms rentals.

To minimize the adverse effects on residential properties and neighborhoods that may arise from residential properties being used as short-terms rentals.

All STRU shall require a special permit in all zoning districts in which single family homes are allowed as-or-right;

An STRU special permit shall be personal to the applicant, shall not be transferable, and shall not run with the land. In this context, "personal to the applicant" means that the special permit shall lapse if the applicant ceases to have a substantial ownership interest, direct or beneficial, in the STRU;

An STRU may only be established within a lawful dwelling unit and not be allowed within an accessory building or accessory dwelling unit;

There shall be a minimum of one off-street parking space per STRU in addition to the parking spaces that are required by the underlying zoning district for the principal dwelling;

Events that include tents or amplified music or which would customarily require a license or permit are not allowed;

A STRU is not allowed on any property with outstanding violations of the Building Code, Fire Code, Board of Health, Town General Bylaws or unpaid Taxes;

The operator shall make those specific physical improvements as required by the building commissioner, fire department, board of health and/or zoning board of appeals to achieve compliance with applicable laws, prior to initiating any STRU use on the subject property.

There shall be no external, physical evidence (including any signs or other advertising) of the STRU to differentiate it in appearance from the residential premises in which it is located, nor from other residential properties similarly situated;

The STRU shall not create excessive noise, fumes, odor, dust, vibration, heat, glare, or electrical interference nor shall occupants of the STRU create litter or other common nuisances.

Using an operator's agent does not relieve the operator of any of their duties to comply with every provision of this Section 7.5, nor their legal liability for any failure to so comply, including the limitation on number of STRU's per operator. An operator's agent is not limited in how many STRU's they may manage for different operators.

The operator shall comply with all applicable federal, state and local laws and regulations. Notwithstanding this requirement, an STRU may be established on a lot or within a building that is lawfully nonconforming to a provision of this zoning ordinance.

Each application for an STRU special permit shall include all the following information, as applicable. Additional information may be required by the non-zoning, licensing process provided for elsewhere in the Stoughton Code of Ordinances:

A dwelling unit that has been designated as below-market or income-restricted subject to affordability covenants, or that is otherwise subject to housing or rental assistance under local, state or federal law, including, without limitation, so-called inclusionary or Section 8 housing;

A dwelling unit subject to any requirement of local, state or federal law that prohibits the leasing or sub-leasing of the unit or use of the unit as an STRU;

"Accessory Dwelling Units" as that term is defined in the Stoughton Zoning Bylaw.

Campers, trailers, recreational vehicles, mobile homes, boats, tents, lean-tos, or any other similar space, or structure, whether temporary or permanent.

Any portion of a hotel, lodging house, or bed and breakfast use.

Any dwelling unit where STRUs have been prohibited by a legally binding agreement, such as a condominium bylaw.

Accessory buildings to a principal dwelling unit.