ZONING, PLANNING, AND LAND USE CONTROL

► CHAPTER 16

© 2009 South-Western, Cengage Learning

© 2009 South-Western, Cengage Learning

ALL ZONING IS LOCAL

ZONING ACT (40A)

ENFORCEMENT local building inspector, commissioner or other title

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agriculture

floriculture

horticulture

viticulture

congregate living facilities for disabled

public service corporations

educational institutions

religious institutions

day-care facilities

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state building code

restrictions on interior are of single-family home

precluding manufactured home on site of destroyed home

precluding disability access

unreasonable regulation of solar energy systems

antenna structure of federally licensed radio operator

X

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40A does not apply

Zoning Commission plus Zoning Board of Appeals

City Council has no role in zoning

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ATTORNEY GENERAL• reviews all local zoning determinations

PRE-EXISTING NONCONFORMING USE• 5,000 sq. ft, 50 ft frontage

of lot for single or 2-family specifically grandfathered

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6 years for zoning illegalities

10 years for built without a building permit

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OVERLAY DISTRICT

SOLAR ACCESS

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ZBA

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PLANNING BOARD OR BOARD OF SURVEY (in Boston: REDEVELOPMENT AUTHORITY)

Two Primary Functions

1. master plan a/k/a comprehensive plan

2. subdivision control

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subdivision – definition

purpose of subdivision control

approval-not-required (ANR)

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Comprehensive Permit Law

less than 10% of community housing stock

20% - 25% affordable housing

requirements to qualify

40B process

right of appeal

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• statewide building code supersedes and controls

• certificate of occupancy – process

• enforcement

Construction Plan

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typical in subdivisions

generally limited to 30 year (renewable)

may be deemed unenforceable by court

KEY TERMS

© 2009 South-Western, Cengage Learning

Anti-Snob Zoning Act approval-not-required board of survey building code building permit certificate of occupancy Comprehensive Permit Law comprehensive plan Enabling Act grandfathered master planpreexisting nonconforming use

planning board

private deed restriction

solar access

special permits

subdivision

variance

zoning

Zoning Act (40A)

Zoning Board of Appeals (ZBA)