zoning, planning, and land use control ► chapter 16 © 2009 south-western, cengage learning
TRANSCRIPT
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
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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)