The rest of the zoning article from the MMA website.
Multi-family housing districts
The Senate bill would require every city and town to establish “as-of-right” zoning districts for multi-family housing, removing any special permit or local approval process except for normal site plan review. The bill would prohibit local governments from setting density provisions less than eight units per acre in rural communities and 15 units per acre in all other cities and towns.
 
Accessory apartments
The Senate bill would require every city and town to approve accessory apartments in all residential districts “as-of-right” as long as the accessory apartment is no larger than half of the entire structure, or 900 square feet, and meets building code standards. Cities and towns could cap accessory apartments at 5 percent of the total non-seasonal housing units in the community.
 
A 2004 study of accessory apartment zoning in eastern Massachusetts showed that, of the 186 cities and towns surveyed, a significant majority allow accessory apartments, with most allowed through special permits. The Senate bill would override all or parts of these existing bylaws.
 
Open space residential developments
Every city and town would be required to approve “as-of-right” residential development projects with greater density if those projects are designed to preserve open space in or adjacent to the development. Many cities and towns have already adopted “cluster development” bylaws based on special permits.
 
Inclusionary zoning
The Senate bill includes specific statutory authority, supported by the MMA, for cities and towns to adopt inclusionary zoning as a way of ensuring the development of affordable housing.
 
Impact fees
The Senate bill would allow cities and towns to charge development impact fees to be used for studies to review a specific project and for related infrastructure improvements.
 
Master plan votes
In order to better connect planning and zoning, cities and towns would be required to develop a comprehensive master plan, and local government would be given the option to reduce the two-thirds majority legislative vote required to make zoning changes to a simple majority or a percentage in between.
 
Site plan review
Site plan review would be codified in statute, with a statutory deadline of 120 days for local review.
 
ANR/minor subdivisions
The Senate bill would address concerns over the “approval not required” issue by authorizing cities and towns to adopt a minor subdivision zoning bylaw to provide for local review of subdivisions of six units or less. Permitting of minor subdivisions on existing rights-of-way would be required within 65 days, and approval of minor subdivisions on new rights-of-way would be required within 95 days.


posted by Jeff Bennett