A.
Designation in § 220-8. The symbols used in the Use Regulation Schedule shall have the meanings set forth in the Key to the schedule, which schedule is included at the end of this chapter.
C.
Unlisted uses. No use which is not listed or described in § 220-8, or expressly authorized under another section of this bylaw, shall be allowed unless granted a special permit by the Board of Appeals upon the Board's determination that the proposed use is similar in purpose and operational characteristics to a use permitted or allowed on special permit in the district.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12; 5-5-2014 ATM
by Arts. 14, 15, 17]
The Use Regulation Schedule is included at the end of this chapter.
[Amended 5-5-2008 ATM by Art. 17; 5-5-2008 ATM by Art.
14; 10-6-2008 STM by Art. 11; 5-6-2013 ATM
by Arts. 12, 18; 10-28-2013 STM
by Art. 7]
Principal and accessory uses are delineated
in the Use Regulation Schedule, included at the end of this chapter.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12]
Principal and accessory uses are delineated
in the Use Regulation Schedule, included at the end of this chapter.
[Amended 5-5-2003; 5-5-2008 ATM by Art. 14; 5-6-2013 ATM by Art. 12]
Principal and accessory uses are delineated
in the Use Regulation Schedule, included at the end of this chapter.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12; 5-7-2018 ATM by Art.
13]
Principal and accessory uses are delineated
in the Use Regulation Schedule, included at the end of this chapter.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12]
Principal and accessory uses are delineated
in the Use Regulation Schedule, included at the end of this chapter.
[Added 5-5-2008 ATM by Art. 14; amended 5-6-2013 ATM by Art. 12; 5-2-2016 ATM by Art. 17]
Principal and accessory uses are delineated
in the Use Regulation Schedule, included at the end of this chapter.
[Added 5-4-2009 ATM by Art. 12]
A.
Intent and applicability.
(1)
The intent of § 220-8.7, Integrated Planning Overlay District (IPOD), is to provide design flexibility and efficiency in the siting of development, services and infrastructure; conserve open space; preserve the rural, historic character of the Town; provide for a diversity of lot sizes, building densities and housing choices to accommodate a variety of age and income groups; and to allow the integration of land for residential, rural, recreational, community, retail, service, commercial and industrial uses.
(2)
Integrated Planning Overlay Districts (IPODs) are created on
the Zoning Map by Town Meeting vote, just as for any zoning amendment,
except that they overlay rather than replace the zoning districts
being overlaid. Applicants for development within the overlay district
may choose between following the existing provisions of the district(s)
underlying the IPOD or to propose an Integrated Plan and upon its
approval to follow it and the IPOD requirements set forth below.
B.
Basic use requirements.
(1)
Development under IPOD provisions requires special permit approval
of an Integrated Plan by the Planning Board for the premises involved.
The Planning Board must find that there is no material impact to the
neighborhood.
(2)
All proposed development within an approved Integrated Plan
must be consistent with that Plan unless the Integrated Plan special
permit is subsequently revised making the proposed development consistent
or excluding the location from the Plan.
(3)
The minimum site area of an Integrated Plan shall be 10 acres.
(4)
An Integrated Plan may apply to more than a single lot or parcel
so long as the lots and parcels are contiguous and either in the same
ownership or the application is jointly submitted by owners of each
lot or parcel that is included.
(5)
Any use allowed by right or allowable by special permit in at
least one of the underlying zoning districts within which the Integrated
Plan is located shall also be allowed by right or allowable by special
permit, as the case may be, at any location within that Integrated
Plan, including within underlying districts where such use is not
otherwise allowed, with the following exceptions:
(a)
Dwelling units are allowed by right within all Integrated Plans
without limitation on form of tenure or structure type, including
single-family, two-family or multifamily.
(b)
Retail, service, and office uses permitted or allowed by special
permit in the Enterprise District are allowed within an Integrated
Plan regardless of whether the Integrated Plan includes any portion
of the Enterprise or other district allowing that use, provided that
no enterprise allowed only by this exception may exceed 35,000 gross
square feet in floor area unless the Planning Board, in acting on
the Integrated Plan special permit, finds that the use is functionally
supportive of or supported by other existing or planned uses within
the Integrated Plan, and in no event may the enterprise exceed 75,000
gross square feet in floor area or be contained within a building
that exceeds 75,000 gross square feet in floor area.
[Amended 5-6-2013 ATM
by Art. 12]
(c)
Hotel, motel or inn, and commercial indoor amusement or recreation
place or place of assembly, are allowed by right within all Integrated
Plans.
(6)
Residential uses shall comprise not less than 25% and not more
than 75% of the gross floor area planned within any Integrated Plan.
C.
Design requirements.
(1)
The applicant must demonstrate to the satisfaction of the Planning
Board that the amount and mix of types of development, and the travel
demand management efforts such as car-pooling proposed for the Integrated
Plan, will result in generation of no more than 20 auto trip ends
per acre of Plan area. These trips ends should be calculated during
the weekday afternoon peak traffic hour, as measured on the streets
that provide access to the Plan area, net of pass-by trips and adjusted
for estimated non-auto trips, such as walking among uses within the
IPOD.
[Amended 5-1-2017 ATM,
by Art. 12]
(2)
The allowed number of trip ends within the Integrated Plan may
be increased above 20 per acre by the number of potential trip ends
on other land within the IPOD that has been reduced below the limit
of 20 trip ends per acre, through a restriction enabled by the developer(s)
of the benefiting Integrated Plan, and made enforceable by the Town
through a condition in the Integrated Plan special permit.
[Amended 5-1-2017 ATM,
by Art. 12]
(3)
The maximum number of allowable dwelling units within an Integrated
Plan shall not exceed 15 dwelling units per acre of lot area, including
lot area devoted to nonresidential uses, but exclusive of streets.
The Integrated Plan shall document how that allowable total is to
be distributed among lots within the Plan, including documentation
of the minimum lot area per dwelling unit on each proposed lot, which
may vary among locations within the Plan.
[Amended 5-1-2017 ATM,
by Art. 12]
(4)
Rights to development of dwelling units may be transferred as provided at § 220-15B(3), but if such transfer takes place among lots within the IPOD then the approval criterion for such transfer shall be that the transfer must be consistent with an approved Concept Plan (§ 220-8.7C), instead of the criteria contained in § 220-15B(3).
(5)
There is no minimum lot area requirement for nonresidential
uses, unless such a requirement is called for in the approved Integrated
Plan.
(6)
Building height shall not exceed six stories or, if more restrictive,
70 feet unless in acting on the Integrated Plan special permit the
Planning Board determines that the proposed height is consistent with
the intent of IPOD zoning, is essential to the Integrated Plan design,
and will have no adverse effect on the surrounding neighborhood, taking
into consideration:
|
•
|
Height relative to that of the tree crown on nearby land;
| |
|
•
|
Height of other existing or planned nearby structures;
| |
|
•
|
Distance from the Integrated Plan boundary;
| |
|
•
|
Appropriateness of any resulting building prominence in light
of the functional or symbolic role of the structure;
| |
|
•
|
Shadowing or loss of privacy on nearby properties, whether or
not within the Integrated Plan; and
| |
|
•
|
Whether the increased height is necessary for the building to
be developed;
|
|
Rooftop mechanical equipment and its height shall be shown on
special permit plan submittals, and shall be selected, located, and
if necessary screened in order to achieve harmonious integration with
the building design.
|
(7)
Yards abutting the perimeter of the Integrated Plan must comply
with the yard requirements applicable in the underlying basic districts,
except for the following:
(a)
No portion of a building having a building height in excess
of 35 feet shall be located closer to the perimeter of the Integrated
Plan than a distance equal to its height above mean grade.
(b)
District boundary planting as specified at § 220-37F
and G of the Lancaster Zoning Bylaw shall be provided where nonresidential
uses in an Integrated Plan abut a residential district, with a depth
of not less than 100 feet.
(8)
Other dimensional standards shall be as provided in the approved Integrated Plan pursuant to § 220-8.7C, rather than those stated in Article IV, Dimensional Regulations, and may include measures not otherwise used under Lancaster zoning, such as limits on the allowed ratio of gross floor area to lot area ("floor area ratio" or "FAR").
(9)
Parking.
(a)
The number of parking spaces for each use shall be as required by § 220-23, Minimum number of spaces, or as may be modified by special permit under that section.
(b)
Legal on-street parking spaces within the Overlay District and
adjacent to the premises of the use or uses that they could serve
may be included in satisfying the parking requirement.
(10)
A building or portion of a building with massing of more than
75 feet in length must be visually broken into smaller elements with
variations among them in height, roof form, wall plane setbacks, entrance
orientation, materials, or other means.
D.
Phasing. Any Integrated Plan involving a total of more than 1,000,000
square feet gross floor area summed over all buildings proposed must
be developed in stages of not more than 600,000 square feet gross
floor area each. Prior to initiation of development in the second
phase, a report must be submitted to the Planning Board providing
data on the following development outcomes to that point, together
with comparisons with the outcomes anticipated in the application
materials and resulting special permit.
(1)
Acres of land subject to open space restrictions;
(2)
Acres of land physically altered for development;
(3)
Total floor area of buildings given occupancy permits, reported
by category of use;
(4)
Trip generation by the development as a whole measured at the
entrances to the development;
(5)
Demand on public or community water supplies.
|
The Planning Board shall hold a public meeting to allow the
developer to explain how any disparities between expectations and
outcomes will be offset through the phases to follow in order to achieve
overall compliance.
|
E.
Procedures.
(1)
Parties seeking special permit approval of an Integrated Plan
are urged to work closely with the Planning Board and Town staff in
developing their proposal in order to assure a well-informed process,
and similarly to arrange for a dialog with those who live near to
or otherwise would be impacted by the proposal.
(2)
Review of applications for any related special permits for which
the Planning Board is the special permit granting authority may be
consolidated into the Integrated Plan special permit process, while
being voted upon separately.
(3)
All applications for approval of an Integrated Plan shall include
an Integrated Plan and Report, which shall contain at least the following:
(a)
Residential uses proposed — tabulation of the number of
dwelling units proposed, categorized by building type (multi-family,
attached single-family, etc.), bedroom type (studio, one-bedroom,
etc.), floor area in each type of dwelling unit, and sales or rental
level, including affordability provisions.
(b)
Open space proposed — tabulation of the extent of reserved
open space of various categories, including conservation lands, recreation
areas, and other public use areas.
(c)
Nonresidential uses proposed — tabulation of floor area
by land use category.
(d)
A plan view context drawing, covering the premises and at least
all parcels abutting and across the street, indicating street and
property lines, and at a conceptual level building locations, reserved
open space areas, and other features of relevance.
(e)
Itemization of departures from the use, dimensional, parking
or other provisions applicable in the underlying zoning districts.
(f)
Special provisions proposed, including grants of benefits to
the Town such as land for public purposes, construction of or contributions
towards off-site improvements, or restrictions proposed such as view
corridors or traffic management provisions.
(g)
A traffic analysis indicating that full construction and occupancy
as provided in the Integrated Plan will be in compliance with the
20 trips per acre limit, and also will not cause the peak hour traffic
level of service to either be lower than reasonably expected from
development not relying upon IPOD provisions, or below level of service
"C" as defined in current publications of the Highway Research Board.
[Amended 5-1-2017 ATM,
by Art. 12]
(h)
A verbal and graphic analysis documenting that the development
is assured to be compatible with the character and scale of the immediately
surrounding neighborhood.
(i)
An assessment of the impacts of the development upon natural
resources, Town utilities, schools, housing needs, taxes or other
topics of salience in the particular case.
(4)
The Integrated Plan and Report shall be provided to the Town
Clerk and the Planning Board no later than the date on which first
notice is published for the Planning Board hearing for the special
permit, with number of copies and distribution as may be provided
in regulations adopted by the Planning Board for administration of
these provisions, and shall be reviewed at that public hearing. The
Planning Board shall approve such special permit based upon these
considerations:
(a)
The consistency of the Integrated Plan and Report with the intent and requirements of § 220-8.7.
(b)
The degree to which the Integrated Plan furthers the policies
articulated in the 2007 Lancaster Master Plan.
(c)
The consistency of the Integrated Plan with the purposes stated at § 220-1 of the Lancaster Zoning Bylaw.
(d)
The completeness and technical soundness of the Integrated Plan
and Report.
(e)
The degree of assurance that there will be compatibility of
building design and siting with the existing vicinity through selection
of building materials and colors, building scale and massing, fenestration,
roof forms, and signage design.
(5)
Following Planning Board approval of a special permit for an Integrated Plan, permit applications relying upon that Plan shall require site plan review by the Planning Board under the provisions of § 220-34, Site plan review. The Planning Board shall approve such site plan, provided that it is consistent with the approved Integrated Plan, and consistent with the provisions of § 220-8.7. A site plan shall not be found consistent unless each of the following is met:
(a)
The uses proposed are not inconsistent with those of the Integrated
Plan in type and extent.
(b)
The proposed locations of individual buildings, parking, and
open space shall be substantially consistent with the approved Integrated
Plan, and all of the applicable use and dimensional regulations have
been met.
(c)
Means have been established to assure compliance with special provisions stipulated at § 220-8.7E(3)(f).
(6)
An approved Integrated Plan may not be changed except through
amendment of the previously issued special permit by the Planning
Board following a new public hearing and review.
[Added 6-21-2021 ATM by Art. 9]
A.
Purpose and intent. The purpose and intent of this zoning bylaw is
to promote the inclusion of affordable housing as part of the development
of housing overall in the Town of Lancaster. This is also known as
"inclusionary zoning." More specifically:
(1)
The purpose of these provisions is to encourage development
of new or renovated housing that is affordable to eligible low- and
moderate-income households in perpetuity. At a minimum, affordable
housing produced through this regulation shall be in compliance with
the requirements set forth in Massachusetts General Laws (MGL) c.
40B, §§ 20 through 23 (as the same may be amended from
time to time), and other affordable housing programs developed by
state, county, and local governments.
(2)
It is intended that the affordable housing units (AHUs) that
result from the application of this bylaw be considered as local action
units (LAUs), in compliance with the requirements for the same as
specified by the Massachusetts Department of Housing and Community
Development (DHCD) or successor state agency or regulations.
(3)
The LAUs created by this bylaw are intended to add to the Town
of Lancaster's Subsidized Housing Inventory (SHI) and contribute to
local efforts to meet the state's requirement for affordable housing
levels. Accordingly, these units must meet DHCD's Local Incentive
Program (LIP) criteria to be suitable for inclusion and counted in
the Town's SHI.
B.
AFFORDABLE HOUSING UNIT (AHU)
ASSISTED LIVING RESIDENCE
DEPARTMENT OF HOUSING AND COMMUNITY DEPARTMENT (DHCD)
INCLUSIONARY HOUSING SPECIAL PERMIT (IHSP)
INCOME ELIGIBLE
LANCASTER AFFORDABLE HOUSING TRUST (LAHT)
LOCAL ACTION UNIT (LAU)
LOCAL INTIATIVE PROGRAM (LIP)
PAYMENT-IN-LIEU-OF-UNITS (PILU)
PROJECT
SHALL
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
Definitions.
A dwelling unit available at a cost of not more than 30%
of gross household income of households at or below 80% of the Metropolitan
Statistical Area (MSA) which includes the Town of Lancaster's median
income as reported by the United States Department of Housing and
Urban Development, including units listed under MGL c. 40B, §§ 20
through 23 and the commonwealth's Local Initiative Program.
A property offering a combination of housing, meals, and
personal care services to adults for a monthly fee that includes rent
and services. Assisted living residences are not the same as licensed
nursing facilities, often referred to as "nursing homes," "skilled
nursing facilities," or "nursing and rehabilitation facilities."
The Commonwealth of Massachusetts' agency charged to oversee
funding and resources to help people in Massachusetts live affordably
and safely. DHCD, through its community and business partners, provides
affordable housing options, financial assistance, and other support
to Massachusetts communities.
A special permit issued for affordable housing units created
by an inclusionary zoning bylaw.
A household comprised of a single individual or a family
with household income that does not exceed 80% of the median income,
with adjustments for household size, as reported by the most recent
annual information from the United States Department of Housing and
Urban Development and/or the Massachusetts Department of Housing and
Community Development.
The trust fund established at the 2020 Annual Town Meeting
adopting the provisions of MGL c. 44, § 55C, and whose purpose
is to provide for the preservation and creation of affordable housing
in the Town of Lancaster for the benefit of low- and moderate-income
households.
A dwelling unit created through local municipal action other
than comprehensive permits; for example, through special permits,
inclusionary zoning, conveyance of public land, utilization of Community
Preservation Act (CPA)[1] funds, etc.
A state housing initiative administered by the Department
of Housing and Community Development to encourage communities to produce
affordable housing for low- and moderate-income households.
A developer's monetary contribution reserved for affordable
housing production within the Town, in place of constructing affordable
units within a proposed project.
Any residential or other development, including a cluster
development, which results in the construction of new dwelling units,
including assisted living units.
For the purposes of this bylaw, the term "shall" has the
same meaning as "must" and denotes a requirement.
The applicable Town board granting the inclusionary housing
special permit (IHSP), typically, but not limited to, the Planning
Board and/or the Zoning Board of Appeals.
[1]
Editor's Note: See MGL c. 44B, § 1 et seq.
C.
Applicability. In all current and future zoning districts, including
overlay districts, the inclusionary zoning provisions of this section
shall apply to the following uses:
(1)
Division of land. This bylaw shall apply to the division of
contiguous land held in single or common ownership into six or more
residential lots, including, but not limited to, those consisting
of approval not required (ANR) lots, or any combination of subdivision
and ANR lots.
(2)
Multiple dwelling units. This bylaw shall apply to the construction
of six or more dwelling units, whether on one or more contiguous parcels,
alteration, expansion, reconstruction, or change of existing residential
or nonresidential space.
(3)
Flexible development. This bylaw shall apply to any flexible development (Lancaster Zoning Code, Chapter 220, Article IV, § 220-15) that includes six or more dwelling units. Subsection B(2)(b), Affordability, of § 220-15 shall apply to affordable housing units (AHUs) created, and not to payments-in-lieu-of-units (PILUs).
(4)
Assisted living. This bylaw shall apply to any life care facility
development that includes six or more assisted living units and accompanying
services.
(5)
The provisions of Subsection C(2) above shall apply to the construction of six or more dwelling units on individual lots if said six or more lots are held in single or common ownership.
(6)
To prevent the intentional segmentation of projects designed
to avoid the requirements of this bylaw, parcels held in single or
common ownership and which are subsequently divided into six or more
lots shall also be subject to this bylaw.
(7)
To address the possible segmentation of projects over time,
any construction that results in additional dwelling units from the
date of issuance of the inclusionary housing special permit (IHSP)
or from the issuance of the certificate of occupancy over a ten-year
period shall be subject to this bylaw.
D.
Inclusionary housing special permit. The development of any project of six or more dwelling units set forth in Subsection C above shall require the issuance of an inclusionary housing special permit (IHSP). The special permit granting authority (SPGA) for such permit shall be the SPGA for the use proposed, if applicable, and otherwise shall be the Planning Board or the Zoning Board of Appeals. A site plan(s) shall be submitted to the SPGA and Planning Board for their review and approval. The special permit may be granted if the proposal meets the requirements of this bylaw and all other applicable bylaws.
E.
Mandatory provision of affordable housing. As a condition for approval
of a special permit, the applicant shall contribute to the local inventory
of affordable housing by providing at least the number of AHUs specified
below, which must be eligible for inclusion in the Town's SHI.
(1)
For developments of six to nine ownership or rental units, at
least one unit of the total proposed dwelling units shall be affordable.
(2)
For development of 10 to 19 ownership or rental units, at least
two units of the total proposed dwelling units shall be affordable.
(3)
For development of 20 to 29 ownership or rental units, at least
three units of the total proposed dwelling units shall be affordable.
(4)
For development of 30 to 44 ownership or rental units, at least
12.5% of the total proposed dwelling units shall be affordable.
(5)
For development of 45 or more ownership or rental units, at
least 15% of the total proposed dwelling units shall be affordable.
(6)
For development of 75 or more ownership or rental units, at
least 17.5% of the total proposed dwelling units shall be affordable.
(7)
The following summary table is provided for allocating affordable
units given a particular range of total lots in a subdivision or total
units in a multifamily development.
|
Total Units
|
Minimum Affordable Units
|
|---|---|
|
6 to 9
|
1
|
|
10 to 19
|
2
|
|
20 to 29
|
3
|
|
30 to 44
|
12.5%
|
|
45 to 74
|
15.0%
|
|
75 and above
|
17.5%
|
(8)
For the calculation of AHUs per Subsection E(1) through (7), fractions of a dwelling unit shall be rounded up to the nearest whole number. For example, a proposed development of:
(a)
Thirty-five housing units (12.5% minimum) would require 4.375
affordable units, rounded up to five total affordable units (14.2%).
(b)
Fifty housing units (15% minimum) would require 7.5 affordable
units, rounded up to eight units (16%).
(c)
Eighty-five housing units (17.5% minimum) would require 14.875
affordable units, rounded up to 15 units (17.6%).
F.
Preservation of affordability.
(1)
All ownership developments shall be subject to a permanent affordable
housing restriction and/or regulatory agreement, ensuring that the
AHUs shall remain affordable in perpetuity, and each affordable unit
shall be conveyed subject to a deed rider acceptable to and approved
by the Town and DHCD and granting the Town such rights as are required,
which shall include a right of first refusal, to ensure that said
AHUs remain affordable in perpetuity and be counted toward Lancaster's
SHI. In addition, no building permit shall be granted for any home-ownership
development containing affordable units prior to the recording of
the affordable housing restriction and/or regulatory agreement at
the Registry of Deeds.
(2)
All multifamily rental developments with affordable housing
units shall be subject to a regulatory agreement, ensuring that the
AHUs shall remain affordable in perpetuity. Said regulatory agreement
shall be approved by the Town and DHCD. In addition, no building permit
shall be granted for any multifamily rental development containing
affordable units prior to the recording of the regulatory agreement
at the Registry of Deeds.
(4)
In the event an affordable ownership unit is sold at a market
rate greater than the allowable affordable rate, the net excess proceeds
(subject to DHCD guidelines) resulting from the monetary difference
at the date of closing shall be transferred to the Lancaster Affordable
Housing Trust (LAHT), its agent, or its successor organization. As
per DHCD's LIP criteria, any net excess proceeds over the allowable
affordable rate will be fully credited to the LAHT account within
30 days from the date of closing and designated for affordable homeownership
programs or assisting other eligible buyers. This shall only apply
in the event of net excess proceeds, and not to AHUs sold at a market
rate below the allowable affordable rate.
(5)
The LAHT, its agent, or its successor organization shall monitor,
oversee, and administer the details for all re-sale or re-lease of
any affordable units in the Town.
G.
Timing of construction for affordable units.
(1)
The construction of affordable units shall be commensurate with the construction of market-rate units per the schedule in Subsection E. Should projects be built in phases, each phase shall contain the same proportion of affordable units to market-rate units as the overall development.
(2)
The building permit for the last market-rate unit shall not
be issued until all affordable units have been constructed, unless
an alternate construction schedule has been approved by the SPGA.
H.
Siting of affordable units. The affordable units created under this
bylaw shall be proportionally distributed throughout the proposed
project, in terms of location, size, and type.
(1)
Affordable units shall be provided within the development that
requires the affordable units.
(2)
Their siting shall be integrated within the development along
with the locations of the other dwellings, rather than segregated
or concentrated in one area.
(3)
The AHUs shall not be situated in less desirable locations than
market-rate units and shall, on average, be no less accessible to
public amenities such as transportation, recreation or open spaces,
and shopping or other businesses.
(4)
The location of each and every AHU shall be identified on the
site plans to be reviewed and approved by the SPGA and the Planning
Board. In the case of multifamily dwellings, the locations of affordable
units shall be identified on the building floor plans for each and
every structure of this type and approved by the SPGA.
I.
Minimum design and construction standards. The exterior appearance
of the affordable units shall be compatible with and essentially indistinguishable
from the other units in the development. The AHUs shall be designed
with similar features and built with comparable quality materials
with respect to the market-rate dwellings built.
J.
Minimum lot size. The average lot size for affordable home units
shall be comparable to those of their market-rate counterparts within
the development.
K.
Payment-in-lieu-of-units. As an alternative to the requirements of Subsection E and to the extent allowed by law, an applicant may provide a payment to the LAHT to be used for the production of affordable housing in lieu of constructing home-ownership units within the proposed development.
(1)
Payment-in-lieu-of-units (PILU). The applicant for development
subject to this bylaw may choose a payment in lieu of the construction
or provision of affordable ownership units to the LAHT at the sole
discretion of the SPGA. The fees shall be paid in increments prior
to the issuance of a building permit for each and every unit, or otherwise
at the sole discretion of the SPGA.
(2)
Calculation of PILU. The fee for an affordable ownership unit
shall be equal to 80% of the average listing price of all combined
market-rate units within the proposed development. The SPGA shall
make the final determination of the PILU. For example, if the average
listing price of all combined market-rate units within the proposed
development is $500,000, the PILU is $500,000 multiplied by 80%, i.e.,
$400,000 for each affordable unit.
(3)
PILUs are not applicable to affordable rental units.
(4)
Incremental payments of total PILU. The incremental payments shall be equal to: the PILU as calculated for a single ownership unit in Subsection K(2) multiplied by the total number of affordable ownership units subject to PILU, divided by the total number of ownership units in the subject development. For example, a proposed development of 15 ownership units requires two affordable units per Subsection E. If the projected average sales price of each unit is $500,000, the total amount of the PILUs is $400,000 multiplied by two units, i.e., $800,000. The incremental cost is $800,000 divided by 15 units, i.e., $53,333 per unit.
(5)
Timing of payment before issuance of building permits. Payment
shall be received by LAHT prior to issuance of building permit for
each unit to be constructed.
(6)
Revised calculation before issuance of building permits. The
PILU calculation shall be confirmed with current market rates for
the proposed development within 60 days' prior to issuance of building
permit.
(7)
Creation of affordable units. PILUs made to LAHT in accordance
with this section shall be used only for purposes of providing affordable
housing for low- or moderate-income households. Using these payments,
affordable housing may be provided through a variety of means, including
but not limited to the provision of favorable financing terms, subsidized
prices for purchase of sites, additional affordable units within existing
or proposed developments, and other initiatives allowed under the
Municipal Affordable Housing Trust Fund Law, MGL c. 44, § 55C.
(8)
If the LAHT or its successor organization has been dissolved
or is otherwise no longer in existence as of the time the application
has been stamped received by the Town Clerk, then PILUs are to be
paid to the Town and held in escrow for affordable housing production.
Funds in escrow shall be transferred commensurate to the LAHT upon
its re-establishment.
L.
Combining construction with payment-in-lieu-of units. A combination
of construction of dwelling units and payment-in-lieu-of-units may
be combined by the applicant to meet a single project's requirement
if granted approval by the SPGA.
M.
Local preference. To the maximum extent permitted by law, including
the regulations of DHCD, any IHSP granted hereunder shall include
a condition that a preference for income-eligible Lancaster residents,
Town of Lancaster employees, employees of schools and businesses located
within Lancaster, and families of students attending schools within
Lancaster shall be included as part of the lottery and marketing plan
for the affordable units.
N.
Affirmative fair housing marketing and resident selection plan for
affordable units. Applicants creating affordable units under this
bylaw are required to select qualified homebuyers or renters via lottery
under an affirmative fair housing marketing and resident selection
plan prepared and submitted by the applicant and approved by DHCD
and the SPGA. This plan shall include a description of the lottery
or other process to be used for selecting income-eligible buyers and
tenants. The plan shall be in conformance with federal and state fair
housing laws in effect on the date of the special permit or other
permit application with the Town of Lancaster. No building permit
for a development subject to the Lancaster Inclusionary Zoning Bylaw
shall be issued unless the SPGA has determined that the applicant's
affirmative marketing and resident selection plan complies with this
requirement. The affirmative marketing costs for the affordable housing
units shall be the responsibility of the applicant. The applicant
shall also submit the affirmative marketing and resident selection
plan for review by the LAHT.
O.
Related fees. The SPGA is authorized to retain professional consultants
to advise the SPGA on any and all aspects of the application, the
project's compliance with this bylaw, and to determine whether AHUs
authorized by an IHSP will be included in the Town's SHI. The SPGA
may require the applicant to pay reasonable costs incurred by the
SPGA for the employment of outside consultants pursuant to SPGA regulations,
as authorized by MGL c. 44, § 53G.
P.
Conflict with other bylaws. The provisions of this bylaw shall be
considered supplemental of existing zoning bylaws. To the extent that
a conflict exists between this bylaw and others, the more restrictive
bylaw, or provisions therein, shall apply.
Q.
Severability. If any provision of this bylaw or other aspects of
Lancaster's Zoning Code are held invalid by a court of competent jurisdiction,
the remainder of the bylaw shall not be affected thereby. The invalidity
of any section or sections or parts of any section or sections of
this bylaw or other aspects of Lancaster's Zoning Code shall not affect
the validity of the remainder of the Lancaster Inclusionary Zoning
bylaw.
A.
Living facilities for seniors. Housing for the elderly, including multifamily dwellings, may be authorized on special permit as provided in § 220-8.1 provided that the following requirements are met.
(1)
Minimum lot frontage: 225 feet.
(2)
Minimum lot area: 87,120 square feet plus 6,000 square
feet per dwelling unit in excess of eight.
(3)
Yards: not less than 20 feet shall be maintained as
open area, with grass, bushes, flowers, or trees along each side lot,
rear lot, and front lot line, except for entrance and exit driveways,
and such open space shall not be built upon, nor paved nor used for
parking.
(4)
Location and treatment of parking areas: all off-street
parking shall be paved, and located at the rear or side of the building
for which it is to be used.
B.
Long-term health care facility. Long-term health care facilities may be authorized on special permit as provided in § 220-8.4 provided that the following requirements are met.
(1)
Minimum lot frontage: 225 feet.
(2)
Minimum lot area: 87,120 square feet, plus 3,000 square
feet per bed after the first 16.
(3)
Yards: not less than 20 feet shall be maintained as
open area, with grass, bushes, flowers, or trees along each side lot,
rear lot, and front lot line, except for entrance and exit driveways,
and such open space shall not be built upon, nor paved nor used for
parking.
(4)
Location and treatment of parking areas: all off-street
parking shall be paved, and located at the rear or side of the building
for which it is to be used.
C.
Multifamily dwelling. Multifamily dwellings may be authorized on special permit as provided in § 220-8.1 provided that the following requirements are met.
(1)
Location: within that portion of the Residence Zone
bounded by Main Street, George Hill Road, Goss Lane, Sterling Road,
Mill Street to the railroad tracks, northerly by the railroad tracks,
Kilbourn Road to Main Street;
(2)
Sewerage: must be connected to public Town sewerage;
(3)
Minimum lot frontage: 225 feet;
(4)
Minimum lot area: 87,120 square feet, plus 12,000
square feet per dwelling unit in excess of four.
(5)
Yards: not less than 20 feet shall be maintained as
open area, with grass, bushes, flowers, or trees along each side lot,
rear lot, and front lot line, except for entrance and exit driveways,
and such open space shall not be built upon, nor paved nor used for
parking.
(6)
Location and treatment of parking areas: all off-street
parking shall be paved, and located at the rear or side of the building
for which it is to be used.
(7)
Advisory review. The Board of Appeals shall provide
that application materials are forwarded for the Planning Board to
review and report on applications for multifamily dwellings. The Planning
Board shall consider, among other matters:
(a)
Compliance with this bylaw and its purposes;
(b)
The need for dwelling units of the type and
cost proposed;
(c)
The safety and adequacy of circulation for cars,
deliveries, bicycles and pedestrians both within and external to the
site and the adequacy of parking and loading arrangements;
(d)
The avoidance of unnecessary damage to the natural
resources and amenities of the site and the provision of appropriate
landscaping;
(e)
Drainage and erosion within and issuing from
the site;
(f)
The relationship of the scale, mass and siting
of the buildings to other buildings nearby;
(g)
The Town's ability to provide fire and police
protection to the buildings as designed;
(h)
The provisions for continued maintenance of
buildings and grounds.
D.
Home occupation. Home occupations or professional offices are allowed as provided at § 220-8.1 if in accordance with the following:
(1)
The principal operator resides on the premises, employs
not more than one other person, and sells no products prepared by
others;
(2)
There is no indication of such occupation visible
on the exterior of the building or on the lot, except for required
parking and permitted signs;
(3)
The activity does not produce noise, odor, traffic
or other nuisances perceptible at the lot line at a higher level than
is usual in a residential neighborhood.
E.
Industrial use requirements. Industrial uses permitted
at § 220-8.6A and B (printing, publishing, and assembly,
finishing or packaging of products; other general industrial uses
including manufacturing and processing) must comply with the following:
(1)
Applicants must document that there will be no on-site
disposals of wastes containing greater concentration of toxic or hazardous
substances than commonly found in domestic wastewater.
(2)
There shall be no manufacturing, packaging, or distribution
of toxic or hazardous materials.
(3)
Electromagnetic radiation shall not exceed FCC regulations.
(4)
There shall be no medium or heavy industrial uses
in a Light Industry or Enterprise district (especially, but not limited
to, any of the following: asphalt plants; blast furnaces; coke manufacture;
creosote manufacture; chemical manufacture; gas manufacture; production
or refining of petroleum products; manufacture of explosives, fireworks
or highly flammable substances; and/or storage, collection, treatment,
burial, incineration, or disposal of radioactive or other wastes).
[Added 5-7-2001; amended 5-6-2013 by
Art. 12]
F.
Accessory outdoor storage and display. Accessory outdoor
storage and display permitted at § 220-8.5AA must comply
with the following.
(1)
All stored or displayed goods (except that undergoing
repair) must be in usable condition without further handling.
(2)
No bulk goods such as building supplies to be stored
or displayed outdoors.
(3)
No stored or displayed goods and no gasoline pumps
shall be within any required yard.
(4)
All stored or displayed goods shall be screened from
any lot line adjoining a Residence District or an existing dwelling.
G.
Accessory apartments.
[Added 5-5-2008 ATM by Art. 17]
(1)
The principal single-family detached dwelling shall
have been lawfully in existence for at least five years prior to the
date of application for the special permit under this section.
(2)
Either the primary single-family detached dwelling
or the proposed accessory apartment must be and remain owner-occupied,
except for temporary absences of no more than 12 consecutive months.
(3)
The habitable floor area of the accessory apartment,
whether located in a detached accessory structure or in the principal
single-family dwelling structure, shall not exceed 1/3 of the combined
habitable floor area of the apartment and the single-family dwelling
or 1,200 square feet, whichever is less.
(4)
The accessory apartment shall have its own separate
entrance from the outside. There shall be no more than one entrance
door to the single-family detached dwelling on any single facade.
All stairways to upper floors shall be enclosed within the exterior
walls of the dwelling.
(5)
The accessory apartment unit shall be designed to
be occupied by no more than three persons, and shall conform to the
Massachusetts Department of Public Health Minimum Standards for Human
Habitation and all other applicable state codes for such occupancy.
(6)
If the dwelling is not to be served by both Town water
and Town sewerage, then the applicant must document that the Board
of Health has determined that provisions for water and sewage disposal
will upon occupancy be adequate for the anticipated number of inhabitants.
(7)
At least three parking spaces must be provided to service the primary dwelling plus the accessory apartment. Not more than one parking space may be located within a required yard. If more than two outdoor parking spaces are to be provided on the premises, their visibility must be reduced through use of landscaping materials per § 220-37.1B.
(8)
The special permit shall be approved, provided that the proposal satisfies Subsection G(1) through (7) above, and that the Board of Appeals determines that there will be net benefits to the community through the proposed housing provision and the design of the proposal, after consideration of the following:
[Amended 5-2-2011 ATM by Art. 21]
(a)
The importance of the benefit resulting from
serving either a community housing need or a special need of potential
occupants.
(b)
How compatible the design of any exterior construction
or alterations, if any, is with the design of existing structures
on the site and in the neighborhood.
(c)
How well any site alterations to accommodate
parking or building expansion avoid damage to natural resources, to
privacy and sunlight on abutting premises, to the character of the
neighborhood, and to safety.
