HomeMy WebLinkAbout2025-10-07 Zoning Information LSPR 9 29125,9: 3 AM general Law-Fart 1,Title V11,Chapter 40A,Section 3
FartADMINISTRATION OF THE GOVERNMENT
Title V11 CITIES, TOWNS AND DISTRICTS
CTS
Chapter 40A ZONING
Section 3 SUBJECTS WHICH ZONING MAY NOT REGULATE;
EXEMPTIONS; PUBLIC HEARINGS' TEMPORARY
MANUFACTURED HOME RESIDENCES
Section 3. No zoning or by-law shall regulate
use f aterials or ethods f c nst ction off` structure regulated by the
state building cods nor shall any such ordinance or, by-law rohibit
unreasonably regulate, or require a special ermit for the use of land for
thef commercial agriculture, aquaculture, silviculture,
horticulture, floriculture r viticulture, nor prohibit, unreasonably
regulate or require a special permit for the use expansion, reconstruction
structuresor construction ot thereon for the primary purpose of
commercial agriculture, aquaculture, silviculture, horticulture,
floriculture or viticulture including those facilities for the sale of
produce, wine and dairy p provided that either during the months
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season of the primary crqp rail ed on land. of the owner or lessee 25 per
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cent of suchproducts� for sale based n eithergross, sales dollars �r
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volume have been �roduced off] the owner r Lessee f the land n which
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the facility is located, or at least 2 er cent of such products for sale
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9/291/259 9:13 AM General Law-Part 1,Title VI I,Chapter 40A,I Section 3
based on either gross annual sales or annual volume, have been produced
by the owner or lessee of the land on which the facility is located and at
least an additional 50: per cent of such products for sale, based upon either
gross annual sales or annual volume, have been produced in
.............. .......
Massachusetts on land other than that
on which the facility is located,
..............
4
used for the primary purpose of commercial agriculture, aquaculture,
silviculture, horticulture, floriculture or viticulture, whether by the owner
or lessee of the land on which the facility is located or by another, except
that all such activities maybe limited to parcels of 5 acres or more or to
parcels 2 acres or more if the sale of products produced from the
agriculture, aquaculture, silviculture, horticulture,, floriculture or
viticulture use on the parcel annually generates at least $1,000 per acre
based on gross, sales dollars in area not zoned for agriculture, aquaculture,
silviculture,, horticulture, floriculture or viticulture. For such purposes,
land divided by a public or private way or a waterway shall be construed
as I parcel. No zoning ordinance or by-law shall exempt land or
structures from flood plain or wetlands, regulations established pursuant
to the General Laws. For the purposes of this section, the term
"agriculture" shall be as defined in section lA of chapter 128, and the
term horticulture shall 'include the growing and keeping of nursery stock
and the sale thereof; provided,, however, that the terms agriculture,
aquaculture, floriculture and horticulture shall not include the growing,
0 distribution60defined0cultivation, or dispensation of marijuana as in section
2 of chapter 369 of the acts of 2012, marihuana as defined in section I of
chapter 94C or marijuana or marihuana as defined in section I of chapter
94G; and provided further, that nothing 'in this section shall preclude a
Is 40 '1
municipality from establishing zoning by-laws or ordinances which allow
as
commercial marijuana growing and cultivation on land used for
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9/29/250 9:13 AM General Law-Part I,Title VI I,Chapter 40A,Section 3
commercial agriculture, aquaculture, floriculture, or horticulture. Said
nursery stock shall be considered to be produced by the owner or lessee
of the land if it is nourished, maintained and managed while on the
premises.
Secondparagraph effective until February 18, 2025. For text effective
February 18, 2025, see below.]
No zoning ordinance or by-law shall regulate or restrict the interior area
of a single family residential building nor shall any such ordinance or by-
law prohibit, regulate or restrict the use of land or structures for religious
purposes or for educational purposes on land owned or leased by the
commonwealth or any of its agencies, subdivisions or bodies politic or by
a religious sect or denomination, or by a nonprofit educational
corporation; provided, however, that such land or structures may be
subject to reasonable regulations concerning the bulk and height of
structures and determining yard sizes, lot area, setbacks, open space,
parking and building coverage requirements. Lands or structures used, or
to be used by a public service corporation may be exempted in particular
respects from the operation of a zoning ordinance or by-law if, upon
petition of the corporation, the department of telecommunications and
cable or the department of public utilities shall, after notice given
pursuant to section eleven and public hearing in the town or city,
determine the exemptions required and find that the present or proposed
use of the land or structure is reasonably necessary for the convenience or
welfare of the public; provided however, that if lands or structures used
or to be used by a public service corporation are located in more than one
municipality such lands or structures may be exempted in particular
respects from the operation of any zoning ordinance or by-law if, upon
petition of the corporation, the department of telecommunications and
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9/29/253 9:13 AM General Law-Part I,Title VI I,Chapter 40A,Section 3
cable or the department of public utilities shall after notice to all affected
communities and public hearing in one of said municipalities, determine
the exemptions required and find that the present or proposed use of the
land or structure is reasonably necessary for the convenience or welfare
of the public. For the purpose of this section, the petition of a public
service corporation relating to siting of a communications or cable
television facility shall be filed with the department of
telecommunications and cable. All other petitions shall be filed with the
department of public utilities.
�Second paragraph as amended by 2024, 239, Sec. 3 7 effective February
-I-
18) 2025. For text effective until February 18, 2025, see above.)
No zoning ordinance or by-law shall regulate or restrict the interior area
of a single family residential building nor shall any such ordinance or by-
law prohibit, regulate or restrict the use of land or structures for religious
purposes or for educational purposes on land owned or leased by the
commonwealth or any of its agencies, subdivisions or bodies politic or by
a religious sect or denomination, or by a nonprofit educational
corporation; provided, however, that such land or structures may be
subject to reasonable regulations concerning the bulk and height of
structures and determining yard sizes, lot area, setbacks, open space,
parking and building coverage requirements. Lands or structures used, or
to be used by a public service corporation may be exempted in particular
respects from the operation of a zoning ordinance or by-law if, upon
petition of the corporation, the department of telecommunications and
cable or the energy facilities siting board shall, after notice given
pursuant to section eleven and public hearing in the town or city,
determine the exemptions required and find that the present or proposed
use of the land or structure is reasonably necessary for the convenience or
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9/29/259 9:13 AM General Law-Part I,Title VI I,Chapter 40A,Section 3
welfare of the public; provided however, that if lands or structures used
or to be used by a public service corporation are located in more than one
46
municipality such lands or structures may be exempted in particular
respects from the operation of any zoning ordinance or by-law if, upon
petition of the corporation, the department of telecommunications and
cable or the energy facilities siting board shall after notice to all affected
communities and public hearing in one of said municipalities, determine
the exemptions required and end that the present or proposed-use of the
land or structure is reasonably necessary for the convenience or welfare
of the public. For the purp ose of this section, the petition of a public
service corporation relating to siting of a communications or cable
television facility shall be filed with the department of
telecommunications and cable. All other petitions shall be filed with the
energy facilities siting board.
No zoning ordinance or bylaw in any city or town shall prohibit, or
require a special permit for, the use of land or structures, or the expansion
of existing structures, for the primary, accessory or incidental purpose of
operating a child care facility; provided, however, that such land or
structures may be subject to reasonable regulations concerning the bulk
and height of structures and determining yard sizes, lot area, setbacks,
open space, parking and building coverage requirements. As used in this
paragraph, the term "child care facility" shall mean a child care center or
a school-aged child care program, as defined in section 1 A of chapter
15DIR
Notwithstanding any general or special law to the contrary, local land
use and health and safety laws, regulations, practices, ordinances, by-
laws and decisions of a city or town shall not discriminate against a
disabled person. Imposition of health and safety laws or land-use
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9/29/251 9:13 AM General Law-Part I,Title VII,Chapter 40A,Section 3
requirements on congregate living arrangements among non-related
persons with disabilities that are not imposed on families and groups of
similar size or other unrelated persons shall constitute discrimination. The
provisions of this paragraph shall apply to every city or town, including,
but not limited to the city of Boston and the city of Cambridge.
[Fifth paragraph effective until July 1, 2024. For text effective July 1,
2024, see below.]
Family child care home and large family child care home, as defined in
section IA of chapter 15D, shall be an allowable use unless a city or town
prohibits or specifically regulates such use in its zoning ordinances or by-
laws.
[Fifth paragraph as amended by 2024, 140, Sec. 76 effective July 1,
2024. See 2024, 140, Sec. 264. For text effective until July 1, 2024, see
above.]
Family child care home and large family child care home as defined in
section IA of chapter 15D shall be an allowable use and no city or town
shall prohibit or regulate such use in its zoning ordinances or by-laws.
No provision of a zoning ordinance or by-law shall be valid which sets
apart districts by any boundary line which may be changed without
adoption of an amendment to the zoning ordinance or by-law.
No zoning ordinance or by-law shall prohibit the owner and occupier of
a residence which has been destroyed by fire or other natural holocaust
from placing a manufactured home on the site of such residence and
residing in such home for a period not to exceed twelve months while the
residence is being rebuilt. Any such manufactured home shall be subject
to the provisions of the state sanitary code.
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9/29/251 9:13 AM General Law-Part I,Title VI I,Chapter 40A,Section 3
[Eighth paragraph effective until September 12, 2024. For text effective
September 12, 2024, see below.]
No dimensional lot requirement of a zoning ordinance or by-law,
including but not limited to, set back, front yard, side yard, rear yard and
open space shall apply to handicapped access ramps on private property
used solely for the purpose of facilitating ingress or egress of a physically
handicapped person, as defined in section thirteen A of chapter twenty-
two.
[Eighth paragraph as amended by 2024, 205, Sec. 63 effective
September 12, 2024. For text effective until September 12, 2024, see
above.]
No dimensional lot requirement of a zoning ordinance or by-law,
including but not limited to, set back, front yard, side yard, rear yard and
open space shall apply to handicapped access ramps on private property
used solely for the purpose of facilitating ingress or egress of a person
with a physical disability, as defined in section thirteen A of chapter
twenty-two.
No zoning ordinance or by-law shall prohibit or unreasonably regulate
the installation of solar energy systems or the building of structures that
facilitate the collection of solar energy, except where necessary to protect
the public health, safety or welfare.
No zoning ordinance or by-law shall prohibit the construction or use of
an antenna structure by a federally licensed amateur radio operator.
Zoning ordinances and by-laws may reasonably regulate the location and
height of such antenna structures for the purposes of health, safety, or
aesthetics; provided, however, that such ordinances and by-laws
reasonably allow for sufficient height of such antenna structures so as to
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9/29/251 9:13 AM General Law-Part I,Title VI I,Chapter 40A,Section 3
effectively accommodate amateur radio communications by federally
licensed amateur radio operators and constitute the minimum practicable
regulation necessary to accomplish the legitimate purposes of the city or
town enacting such ordinance or by-law.
[Paragraph added by 2024, 150, Sec. 8 effective February 2, 2025. See
2024, 150, Sec. 143.]
No zoning ordinance or by-law shall prohibit, unreasonably restrict or
require a special permit or other discretionary zoning approval for the use
of land or structures for a single accessory dwelling unit, or the rental
thereof, in a single-family residential zoning district; provided, that the
use of land or structures for such accessory dwelling unit under this
paragraph may be subject to reasonable regulations, including, but not
limited to, 3 10 CMR 15.000 et seq., if applicable, site plan review,
regulations concerning dimensional setbacks and the bulk and height of
structures and may be subject to restrictions and prohibitions on short-
term rental, as defined in section 1 of chapter 64G. The use of land or
structures for an accessory dwelling unit under this paragraph shall not
require owner occupancy of either the accessory dwelling unit or the
principal dwelling; provided, that not more than 1 additional parking
space shall be required for an accessory dwelling unit; and provided
further, that no additional parking space shall be required for an accessory
dwelling located not more than 0.5 miles from a commuter rail station,
subway station, ferry terminal or bus station. For more than 1 accessory
dwelling unit, or rental thereof, in a single-family residential zoning
district there shall be a special permit for the use of land or structures for
an accessory dwelling unit. The executive office of housing and livable
communities may issue guidelines or promulgate regulations to
administer this paragraph.
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9/29/251 9:13 AM General Law-Part 1,Title VI I,Chapter 49A,Section 3
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