ZONING, PLANNING, AND LAND USE CONTROL ► CHAPTER 16 © 2009 South-Western, Cengage Learning

 ALL ZONING IS LOCAL  ZONING ACT (40A)  ENFORCEMENT local building inspector, commissioner or other title

© 2009 South-Western, Cengage Learning agriculture floriculture horticulture viticulture congregate living facilities for disabled public service corporations educational institutions religious institutions day-care facilities

© 2009 South-Western, Cengage Learning  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

© 2009 South-Western, Cengage Learning  40A does not apply  Zoning Commission plus Zoning Board of Appeals  City Council has no role in zoning

© 2009 South-Western, Cengage Learning  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

© 2009 South-Western, Cengage Learning 6 years for zoning illegalities 10 years for built without a building permit

© 2009 South-Western, Cengage Learning  OVERLAY DISTRICT  SOLAR ACCESS

© 2009 South-Western, Cengage Learning  appeals based upon permit rejection  applications for special permits  petitions for variances  appeals of decisions of zoning officer  applications under the Comprehensive Permit Law (40B)  unfavorable decision barred from returning for 2 years ZBA

© 2009 South-Western, Cengage Learning  PLANNING BOARD OR BOARD OF SURVEY (in Boston: REDEVELOPMENT AUTHORITY) Two Primary Functions 1. master plan a/k/a comprehensive plan 2. subdivision control

© 2009 South-Western, Cengage Learning  subdivision – definition  purpose of subdivision control  approval-not-required (ANR)

© 2009 South-Western, Cengage Learning  Comprehensive Permit Law  less than 10% of community housing stock  20% - 25% affordable housing  requirements to qualify  40B process  right of appeal

© 2009 South-Western, Cengage Learning statewide building code supersedes and controls certificate of occupancy – process enforcement Construction Plan

© 2009 South-Western, Cengage Learning  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 plan preexisting nonconforming use planning board private deed restriction solar access special permits subdivision variance zoning Zoning Act (40A) Zoning Board of Appeals (ZBA)