Taunton City Zoning Code
ARTICLE X
Uses Authorized by Special Permit of Municipal Council
§ 440-1001 Multifamily and mixed-use developments containing four or more dwelling units.
[Amended 7-9-2013; 6-6-2016; 3-11-2025]
A.
Applicability and procedure. The following criteria shall apply to all requests for multifamily and mixed-use residential developments (four plus units on one lot). A special permit for multifamily development shall be subject to the procedures set forth in §§ 440-304, 440-305 and 440-306 inclusive.
B.
General criteria. In considering the granting of a special permit for the establishment of multifamily developments and mixed-use residential, the special permit granting authority (SPGA) shall take into consideration the needs of the community, the effect of the development upon the neighborhood and the community in terms of environmental impacts, socioeconomic impacts, municipal facilities, utilities, drainage, traffic, and landscaping, and the health and welfare of the inhabitants. If, after consideration, the SPGA determines that the development is not in the best interest of the City for any of the aforementioned reasons, the application for said permit shall be denied.
D.
Dimensional criteria. The dimensional criteria for multifamily residential structures shall conform to the standards set forth in § 440-603.
E.
Development density. The maximum permissible density criteria for multifamily residential structures shall conform to the standards set forth in § 440-603. In addition to the maximum permissible density criteria in § 440-603, a density bonus of up to 100% above and beyond the maximum density specified in § 440-603 for developments on a brownfield site and/or the renovation and reuse of a building more than 50 years old may be requested by the petitioner as part of the special permit request for the proposed development.
F.
Water, sewer and drainage. Design and plan content for water, sewer and drainage systems shall conform to the standards set forth in Article XV, Site Plan Review. Proposals to tie in to City utilities shall require the approval of the City Department of Public Works Commissioner.
G.
Parking. The parking criteria for multifamily residential structures shall conform to the standards set forth in § 440-704. Any reductions or waivers in required minimum parking standards allowable under § 440-704 shall consider the following when a decision is made on said waiver or reduction:
(1)
The type of housing/development and the resultant total parking need.
(2)
The availability of on-street parking.
(3)
The availability of public parking areas in the vicinity of the project.
(4)
Agreements and availability of parking on private lots near the project.
(5)
The availability of public transportation.
H.
Open space.
(1)
Open space shall be provided in appropriate places and every effort shall be made to preserve wooded areas or other site amenities. All open space shall be open and unobstructed to the sky. Recreation structures such as swimming pools, cabanas and similar recreation buildings may be counted towards the open space requirement.
(2)
Such open land shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development.
(3)
Provisions shall be made so that the common open space and other common property shall be owned in common by the owners of all units in the development. A perpetual restriction of the type described in MGL c. 184, § 31, running to and enforceable by the City of Taunton shall be recorded in respect to the common open space. Such restriction shall provide that the common open space shall be retained in perpetuity for the following uses: conservation, open space, recreation or park. Such restriction shall be in such form and substance as the SPGA may prescribe and deem appropriate. Said conservation restriction shall be approved by the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs and recorded prior to the issuance of certificates of occupancy.
(4)
If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units.
(5)
In order to ensure that the common spaces will be properly maintained, an instrument(s) shall be recorded at the Bristol County District Registry of Deeds which shall as a minimum provide:
(a)
A legal description of the common spaces;
(b)
A statement of the purpose for which the common space is intended to be used and the restrictions on its use and alienation;
(c)
The type and name of the corporation, nonprofit organization, or trust which will own, manage and maintain the common spaces;
(d)
The ownership or beneficial interest in the corporation, nonprofit organization or trust of each owner of a dwelling in the development and a provision that such ownership or beneficial interest shall be appurtenant to the dwelling to which it relates and may not be conveyed or encumbered separately therefrom;
(e)
Provisions for the number, term of office, and the manner of election to office, removal from office and the filling of vacancies in the office of directors and/or officers of the corporation or nonprofit organization or trustees of the trust;
(f)
Procedures for the conduct of the affairs and business of the corporation, nonprofit organization or trust, including provisions for the calling and holding of meetings of members and directors and/or officers of the corporation or nonprofit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for action to be taken. Each owner of a dwelling shall have voting rights proportional to his ownership or beneficial interest in the corporation, nonprofit organization or trust;
(g)
Provision for the management, maintenance, operation, improvement and repair of the common space and facilities thereon, including provisions for obtaining and maintaining adequate insurance and levying and collecting from the dwelling owners common charges to pay for expenses associated with the common space, including real estate taxes. It shall be provided that common charges are to be allocated among the dwelling owners in proportion to their ownership or beneficial interests in the corporation, nonprofit organization or trust and that each dwelling owner's share of the common charge shall be a lien against his real estate in the development which shall have priority over all other liens, with the exception of municipal liens and first mortgages of record; and
(h)
The method by which such instrument or instruments may be amended.
I.
Building design and location. Where more than one building is erected on a lot, it shall be separated from any other building by a minimum distance of 1.5 times the height of the tallest building, with the height being measured from the closest point between the two buildings and upwards on a forty-five-degree incline. This shall apply to any newly constructed building, including situations where one or more buildings already exist and a new building(s) is being added. In situations where two or more buildings already exist on a lot or an existing structure is being altered to result in two or more buildings on a lot, this provision shall not apply to said existing buildings and modifications thereto.
(1)
Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places or within a local historic district as established by MGL c. 40C shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on or eligibility for inclusion on the State or National Register of Historic Places.
(2)
There must be a minimum of 450 square feet of living area, exclusive of common areas.
(3)
There shall be no more than three bedrooms per dwelling unit.
(4)
Every dwelling unit must have a kitchen and bathing and toilet facilities.
(5)
Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a submission of a signed annual contract for rubbish removal.
(6)
No residential unit shall have access through a business or retail establishment as a means of ingress or egress. Fire escapes are prohibited as a second means of egress.
(7)
Applicant must show lighting of all common areas, including rear entrances.
J.
Road construction. All interior roadways and parking areas shall be constructed in accordance with the Subdivision Rules and Regulations of the City.
K.
Utilities. All utilities shall be placed underground unless waived by the SPGA.
M.
Special provisions for mixed-use buildings. No residential uses shall be allowed on or below street level. Residential uses may be permitted on the second through top floors. The first floor on a site (street level) may be partially utilized for residential purposes only if at least 40% of the entire square footage of all buildings is commercial.