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HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW TOWN OF HAMILTON ZONING BY-LAW FIRST ADOPTED 1954 INCLUDING AMENDMENTS AS OF OCTOBER 2010 ADOPTED PURSUANT TO THE MASSACHUSETTS ZONING ACT M.G.L. CHAPTER 40A AS AMENDED HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW ZONING BY-LAW TOWN OF HAMILTON Contents Page INTRODUCTION: Land Use and Regulations in Hamilton i-1 SECTION I. Purposes I-1 A. Limitations on land subject to flooding I-1 B. Limitations on ways across wetlands and floodplains I-1 SECTION II. Establishment of Districts II-1 A. Classes of Districts and Zoning Map II-1 B. Boundaries of Districts II-2 SECTION III. Existing Uses and Structures (Non-conforming use) III-1 (See also Appendix B) SECTION IV. New Construction and New Uses IV-1 SECTION V. Use Regulations (See also Sec. I, A and B) V-1 A. Residential Zones: R-1a, R-1b, RA V-1 Customary Home Occupation provisions (Sec. V.A.8) V-1 Accessory Uses (Sec. V.A.9) V-2 (Includes Minimum lot size for agriculture and livestock) Special Permits in Residential Zones (Sec. V.A.11) V-2 (Includes Apartment Options, Page V-2 and OSFPD, Page V- 10) B. Business Zone: B (includes Adult Entertainment Uses) V-24 C. Conservancy District: C V-28 D. Groundwater Protection Overlay District: GP V-30 E. Senior Housing V-35 F. Flood Plain District: FPD V-47 G. Commercial Overlay District V-49 H. Estate Overlay District V-55 I. Willow Street Overlay District V-64 SECTION VI. Development Regulations (See also Sec. I. A and B) VI-1 A. Height Regulations VI-1 B. Lot Dimensional Regulation VI-1 1. Lot Area VI-1 2. Lot Coverage VI-3 3. Minimum Lot Frontage VI-3 4. Frontage Exception for larger lots (Porkchop Lots) VI-4 5. Minimum width and depth of lot VI-4 6. Minimum lot dimensions when creating new street VI-5 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW 7. Front yard setbacks VI-5 8. Rear and side yard setbacks VI-5 9. Watercourse yards VI-5 10. Appurtenant open space VI-5 11. Corner clearance VI-6 12. Driveway regulations VI-6 13. Windmill setbacks VI-7 C. Accessory Buildings VI-7 D. Off-street parking and Loading Areas VI-7 E. Sign Regulations VI-8 F. Standards for Business Development VI-9 G. Inclusionary Housing VI-9 H. Site Plan Review VI-13 1. Purpose VI-13 2. Projects requiring approval VI-14 3. Application and decision process VI-15 (Includes Abbreviated Site Plan Review Guidelines) 4. Required site plan contents VI-17 5. Site plan review guidelines VI-18 6. Final action VI-19 7. Implementation of site plan VI-19 I. Wind Energy Facilities VI-20 J. Communication Towers and Telecommunication Antenna Facilities VI-31 SECTION VII. Definitions VII-1 SECTION VIII. Administration VIII-1 A. Building Inspector VIII-1 B. Permit Required (Building Permit) VIII-1 C. Planning Board acting as Review Authority VIII-1 D. Associate Members of Planning Board VIII-2 E. Occupancy Permit VIII-2 F. Appeals VIII-2 G. Violations and Penalty VIII-2 SECTION IX. Board of Appeals IX-1 SECTION X. AMENDMENTS X-1 SECTION XI. VALIDITY AND CONFLICT OF LAW X-1 APPENDIX A. DESCRIPTION OF RA DISTRICT A-1 APPENDIX B. “GRANDFATHER CLAUSE” (MGL Ch. 40A, Sec. 6) B-1 10/2010 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW HAMILTON ZONING BY-LAW Last amended October, 2010 INTRODUCTION: LAND USE LAWS AND REGULATIONS IN HAMILTON Land use in Hamilton is subject to various Town, State and Federal laws and regulations, of which this Zoning By-law is only one. To assist officials and the public, the regulations most commonly applicable to land use and development in Hamilton are listed and described below. The individual land user is responsible for demonstrating compliance with whichever laws and regulations apply to the proposed land use, and approval under one by-law or regulation does not imply that any of the others have been met. The list below is not exhaustive; in some cases, State and Federal utility, road, environmental impact, air/water quality, toxic waste and other regulations may apply. THE HAMILTON ZONING BY-LAW , pursuant to M.G.L. Ch. 40A, guides the development pattern of the Town by creating districts, including a Conservancy (wetlands) district, which group compatible uses together; and by setting various standards governing lot dimensions and quality, development density, parking, signs, and specifications for certain land uses. The Zoning By-law is enforced by the Building Inspector, (responsible to the Selectmen) through Building and Occupancy Permits and inspections, by the Board of Appeals through Special Permits, Site Plan review, variances and appeals, and indirectly by other Boards who remind the applicant of zoning compliance in the course of their reviews. (The Planning Board may not approve subdivisions which violate the Zoning By-law.) The Zoning Map is part of the Zoning By-law. THE HAMILTON SUBDIVISION RULES AND REGULATIONS set standards and procedures for subdividing parcels of land into two or more new parcels or lots, and constructing ways, utilities and drainage, pursuant to M.G.L. Ch. 41. These regulations are enforced by the Planning Board, via approval of subdivision plans. THE STATE BUILDING CODE sets forth regulations and design standards for the construction, reconstruction, alteration, repair, demolition and removal of buildings. The Code is administered by the Building Inspector through the Building Permit and Occupancy Permit procedures, and subsequent inspections. THE STATE ENVIRONMENTAL CODE (TITLE 5, 310 CMR, Sec 15.00) sets forth minimum standards for individual systems for the disposal of sanitary sewage (septic system). Title 5 is enforced by the Hamilton Board of Health, in conjunction with their own regulations (see below), through the septic system permit process. HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW THE HAMILTON BOARD OF HEALTH REGULATIONS (pursuant to TITLE 5 and M.G.L. Ch. 111 and Ch. 41 Sec. 81-U) set forth a variety of standards and procedures to protect the public health and safety, including regulations on: Water supply and wells, sewage disposal, septic system repair, swimming pools, keeping of animals, sale of food and ice, disease control, building occupancy standards, camps, daycare establishments, garbage, and the general development suitability and drainage of subdivisions. The Health Regulations are enforced by the Hamilton Board of Health and Health Agent, via permit and license procedures and inspections, including subdivision plan reviews, and septic system construction and repair permits, food service permits, and animal permits. The Health Regulations are also indirectly enforced by the Building Permit issuance system in that Building Permits cannot be issued without a septic system plan approved by the Board of Health. THE STATE WETLANDS PROTECTION ACT (M.G.L. Ch. 131, Sec. 40) is administered by the Hamilton Conservation Commission. It requires that construction or land alteration in or near wetland and flood plains (as defined by the law) be reviewed and regulated by the Conservation Commission. Regulations for administering the Act have been promulgated by the Massachusetts Department of Environmental Protection, and are enforced by the Conservation Commission. THE TOWN WETLANDS BY-LAW paraphrases the State Wetlands Act (described above) within the Town's General By-laws, in order to clarify local jurisdiction, and adds to the wetland values to be protected. It is also enforced by the Hamilton Conservation Commission. The State and Town version of the wetlands laws are generally enforced simultaneously, but they are both to be distinguished from the 'Conservancy District,' a wetlands overlay district that is part of the Zoning By-law, and is, therefore, separately enforceable. THE GENERAL BY-LAWS OF HAMILTON are generally enforced by the Selectmen. They cover a number of subjects pertaining to land use, including: Street naming and numbering; earth, loam and gravel removal (requires Selectmen's permit); street acceptance by the Town; temporary signs; roadside stands; junkyards; junk cars; pool fencing. The Town Conservation By-law (Wetlands By-law, see above), is located in the General By-laws, but is enforced by the Conservation Commission. THE HISTORIC DISTRICT REGULATIONS , (under M.G.L. Ch. 40C), restrict building alterations and development in the Historic District along Bay Road (shown on Zoning Map and a more detailed map available from Town Clerk). Enforcement is by an appointed Historic District Commission. THE SCENIC ROADS ACT (M.G.L. Ch. 40, Sec. 15C) provides for limited protection of certain designated scenic roads, as approved by the Hamilton Town Meeting. Removal of trees or stone walls in the process of paving or maintaining such roads requires public hearing and Planning Board approval. The Hamilton Scenic Roads are shown on the Zoning Map. HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW Editorial Note: It is a fact of modern existence that most construction and land-use is subject to local government review and regulation, and that sometimes several boards with overlapping jurisdictions may be involved, to the consternation of the applicant. For any proposed use or structure, there will be some approvals/regulations that are always required, and some approvals/regulations that will only be required in certain cases or places (such as wetlands or the Groundwater Protection District). The Town of Hamilton has as part of its building permitting process, the requirement that applicants must get sign-offs from the various boards before the permit is granted. This enables the specific board and the applicant to discuss the approvals and regulations that apply to a given project. (ZONING MAP AND GROUNDWATER PROTECTION OVERLAY DISTRICT MAP ARE ATTACHED WITH BOOK) HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW SECTION I. PURPOSES The purposes of this Zoning By-law are to promote the health, safety, morals, convenience and general welfare of the inhabitants of Hamilton, to lessen the danger from fire and congestion, and from the hazards of flood water inundation, to protect and conserve the value of property, to preserve and increase the amenities of the Town, to conserve natural conditions, to promote the educational, cultural and economic welfare of the public through the preservation and protection of buildings, sites, and districts of historic interest, and to improve and beautify the Town by encouraging the most appropriate uses of land within the Town in accordance with the General or Master Plan, and under the provisions of Chapter 40A of the Massachusetts General Laws as amended. In accordance with these purposes, the use, construction, erection, establishment, movement, repair, alteration, enlargement, height, appearance, location and occupancy of buildings and structures, and the uses and occupancy of premises in the Town of Hamilton are hereby regulated and restricted as hereinafter provided. A. Lands deemed subject to seasonal or periodic flooding shall not be used for residence or any other purpose requiring a subsurface disposal system which would endanger the public health and safety or cause possible damage to adjoining property. B. Lands deemed subject to seasonal or periodic flooding; lands within the Conservancy District as established by Section V.C. of the By-laws; or wetlands as defined in The Massachusetts General Laws, Chapter 131, Section 40 shall not be crossed by roads or driveways. Section I Purposes I-1 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW SECTION II. ESTABLISHMENT OF DISTRICTS A. CLASSES OF DISTRICTS AND ZONING MAP (Revised May 6, 2008, Article 2008/5 3-2, to delete references to Elder Housing Special District) The Town of Hamilton is hereby divided as shown on the Zoning Map dated December 28, 1964, filed with the Town Clerk, as amended by the Zoning Map -- Conservancy District dated February 1, 1971, and further amended May 7, 1974, and further amended May 14, 1979, and further amended May 13, 1985, and further amended November 14, 1999, and further amended th th May 4 – 5 , 2009, and further amended October 30, 2010 hereunder and hereby made a part of this By-law, in classes of districts designated as follows: R-1a Residence Districts (20,000 sq. ft.) Sec. V-A R-1b Residence Districts (40,000 sq. ft.) Sec. V-A R-A Residence-Agricultural Districts (80,000 sq.ft.) Sec. V-A B BusDiisetsrsict V-ec. C Conservancy District Sec. V-C GP Groundwater Protection Overlay District Sec. V-D FPD FVl-oaiin strict Sec. COD Commercial Overlay District Sec. V-G EOD Estate Overlay District Sec. V-H WSOD Willow Street Overlay District Sec. V-I Section II Establishment of Districts II-1 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW B. BOUNDARIES OF DISTRICTS (Ed. Note: Boundaries of Zoning Districts are generally set by 2/3 vote of Town Meeting. See M.G.L. Ch. 40A Sec. 5 for procedure. Provisions for adjusting boundaries of Conservancy District and Groundwater Protection District are found in Sec. V.C. and V.D., respectively. See Section V.E. and II.A. for method of setting boundaries for Special Elder Housing District.) (See Appendix A for description of R-A.)) 1. Where the boundary lines are shown upon said map within the street lines of public and private ways, the center lines of such ways shall be the boundary lines. 2. Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of property, lot, or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines existing at the time of the adoption of this By-law shall be the boundary lines. 3. Boundary lines located outside of such street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines, and dimensions shown in figures placed upon said map between such boundary lines and street side lines are the distances in feet of such boundary lines from such street side lines, such distances being measured at right angles to such street lines unless otherwise indicated. 4. In all cases which are not covered by other provisions of this Section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said map, by the use of identifications as shown on the map, or by the scale of the map. 5. Where a district boundary line between a residential and a business district divides any lot existing at the time such line is adopted, the regulations for the less restricted portions of such lots shall extend no more than thirty (30) feet into the more restricted portion, provided the lot has frontage on a public way in the less restricted district. Section II Establishment of Districts II-2 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW SECTION III. EXISTING USES AND STRUCTURES (SEE ALSO APPENDX B.) A. A use or structure not conforming to the requirements for the district in which it is located but lawfully existing or begun, or subject to a variance, or a building or special permit issued before the first publication of notice of the public hearing on this By-law or any amendment thereto, shall constitute a non-conforming use or structure and may be continued as a non- conforming use or structure, provided that: 1. Such use or structure shall not be extended or altered unless the Board of Appeals makes a finding that the extension or alteration shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or structure. Any alteration or extension of a commercial, industrial or institutional structure in a residential zone is also required to have Site Plan Review; see Section VI.H. The Board of Appeals shall hear the above mentioned finding and the Site Plan Review simultaneously. 2. Wherever a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use, except as provided in the preceding subsection. 3. Wherever a non-conforming use has been discontinued for a period of more than two years or has been abandoned it shall not be re-established, and any future use shall conform with this By-law. 4. Alteration or Extension: A non-conforming single or two-family residential structure may be altered or extended as a matter of right under the following circumstances: a. The existing structure is on a conforming lot but is non-conforming because it encroaches on a setback and the proposed alteration or extension will not change the setbacks which fail to conform and the entire structure meets all other requirements of the By-law including but not limited to height and lot coverage. b. The existing structure is non-conforming solely because it is located on a lot which is non-conforming as to size and/or frontage as the result of a zoning change, and the existing structure and alteration or extension meets all other current requirements of the By-law including but not limited to setbacks, height and lot coverage. 5. Reconstruction or Repair: A residence in a district where residences are permitted, but on a non-conforming lot or with non-conforming yards, may be reconstructed or repaired without change in the lot size or yards which fail to conform. 6. Any reconstruction or repair of a partially destroyed or damaged structure put to a non-conforming use must in fact be commenced within two years of such damage or destruction and the reconstruction completed and the structure occupied within a reasonable time thereafter. 7. Construction or operations under a building or special permit shall conform to any subsequent amendment of this By-law unless the use or construction is commenced Section III Existing Uses and Structures III-1 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW within six months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 8. Any lot upon which more than one dwelling existed at the time of the initial adoption of this Zoning By-law, may be divided into separate lots, each of which lots shall contain one such dwelling, notwithstanding that one or more of such lots may not then conform to the dimensional provisions of this Zoning By-law and provided further that all such lots, and the dwellings thereon, comply with the following: (a) All of the dwellings must comply with the definition of “Dwelling,” as set forth in Section VII of this Zoning By-Law; provided that said dwelling must be a structure designed primarily for continuous and permanent habitation and shall not include trailers, apartments or temporary housing of any kind. (b) All of the lots must have been owned by the Petitioner, by blood relatives of the Petitioner, or by trusts or related entities in which the Petitioner and/or a blood relative of the Petitioner has owned a controlling interest for a minimum period of twenty (20) years prior to the endorsement of the ANR Plan referred to Paragraph (c) below. (c) Petitioner’s lots must qualify for an ANR (Approval Not Required) endorsement from the Hamilton Planning Board in accordance with MGL Chapter 41 Section 81L. (d) All lots shown on the ANR Plan must comply with the lot area, lot coverage, and building setback requirements of the Hamilton Zoning By-Law then in effect. (e) Once the ANR Plan has been endorsed by the Planning Board, and recorded at the Essex South District Registry of Deeds, all lots shown thereon must remain in single- family residential use, in perpetuity, and otherwise in compliance with the Hamilton Zoning By-Law Use Regulations, as amended, and a notation to this effect made upon such plan. (Section 8. added January 31, 2005) (Ed. Note: Lots which do not comply with current zoning requirements may be exempt from those requirements in certain cases. The exemption may be temporary, and after the exemption expires, the lot may be effectively unbuildable as a separate lot. Lot exemptions from zoning are known as "the Grandfather clause", which is set forth in M.G.L. Ch. 40A, Sec. 6, included as Appendix B of this Z.B.L. It is the responsibility of the landowner to demonstrate that a non- conforming lot is exempt from current zoning under M.G.L. Ch. 40A, Sec. 6.) Section III Existing Uses and Structures III-2 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW SECTION IV. NEW CONSTRUCTION AND NEW USES. Any and every new use and any and every new building, structure and premises shall be used for or occupied, and every building or structure shall be erected, constructed, established, altered, repaired, enlarged, or moved exclusively and only in conformity with the requirements, character and conditions laid down for each of the several districts established by this By-law. Any use not specifically listed herein or otherwise permitted in a district shall be deemed as prohibited. (Ed. Note: In certain cases, the Board of Appeals may allow exemptions to the requirement that all new construction comply with zoning regulations. See “Variances", Sec. IX.D.4.) Section IV New Construction and New Uses IV-1 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW SECTION V. USE REGULATIONS (See also Section I "Purpose," Items A and B) 1. R-1a and R-1b Single Family Residence Districts and R-A Residence Agricultural Districts are intended as districts of single family homes and for continuance of forest and agricultural activities, with not more than one dwelling, accessory buildings, stone walls, fences, and structures, customarily incidental for residential and forest or agricultural uses upon one lot. Permitted Use: 1. One Single Family detached dwelling. The term "one single family detached dwelling" shall not include a mobile or immobile type of trailer. 2. Agriculture, horticulture and floriculture, including gardens, growing and storing of fruits, berries, vegetables, hay, fodder and ensilage; woodlots, forestry and greenhouse. 3. Rooming or boarding house with not over four lodgers. 4. Church, parish house, religious or denominational school. These uses require Site Plan Review; see section VI.H. 5. Public schools, museums, libraries and parks, playgrounds, conservation areas, water supply areas and other land owned and operated for the public enjoyment or service by a public or semi-public agency. The first five listed uses require Site Plan Review; see section VI.H. 6. Private schools and colleges on land owned or leased by a non-profit educational corporation. These uses require Site Plan Review; see section VI.H. 7. Golf, tennis, swimming, riding, polo, skiing, skating, and all other athletic and recreational activities, provided that special events or new or extended use, where charges or admission fees are required shall be subject to a special permit with appropriate limitations from the Board of Selectmen as provided in Paragraph 11 (h) of this Section. 8. Customary home occupation conducted in a dwelling or building accessory thereto by a person residing on the premises provided that: a. such use is clearly incidental and secondary to the use of the premises for residential purposes b. not more than two persons other than residents of the premises are regularly employed thereon in connection with such use c. no offensive noise, vibration, smoke, dust, fumes, odors, heat, glare or unsightliness is produced. Section V Use Regulations V-1 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW d. there is no public display of goods or wares and there are no signs except as permitted in Paragraph E of Section VI. e. there is no exterior storage of material or equipment (including the parking of more than two commercial vehicles) and no other exterior indication of such use or variation from the residential character of the premises. 9. Accessory uses on the same lot with and customarily incidental to a permitted main use on the same premises, and including but not limited to: a. private swimming pools, tennis courts and private garages. b. activities associated with agriculture, horticulture and floriculture, such as barns, private stables, and shelters, and other farm buildings on lots not less than 80,000 sq. ft. in area; and including buildings for keeping animals and poultry, duly licensed by the Board of Health, for occupant's use only; provided that no such accessory farm building, barn or shelter shall be nearer than (50) feet to any lot line. (Amended September 26, 1988) 10. Signs as provided in Paragraph E of Section VI. 11. Subject to a Special Permit by the Board of Appeals as provided in Section IX-D belowtfellowing: a. This section was deleted by Town Meeting vote May 8, 1995. b. Hospital, clinic, sanitarium, nursing home, cemetery, and camps of educational and charitable institutions in accordance with Site Plan Review; see Section VI.H. c. Community or private club, not conducted for profit. This use requires Site Plan Review; see section VI.H. d. For properties under five acres in size, the raising or keeping of poultry, horses, or cows, for other than the use of the occupants of the residence, or riding stables; and for any size property, for any maintenance of dog kennels. (Amended May 8, 2007, Article 3-4) e. Apartm Oepntitons 1. Conversion for Temporary Additional Living Area (Added May 16, 1) In order to provide a way for families to create separate living quarters in their home to accommodate a temporary family, health, or security need, construction of one temporary additional living area (as defined in Section VII) in a single family dwelling or an accessory building (as defined in Section V.A.9), provided that: Section V Use Regulations V-2 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW a. AdministA rapoication 1. Written approval of all the proposed arrangements for sanitary waste, water supply, and drainage is obtained from the Board of Health prior to the submission of the special permit application to the Zoning Board of Appeals. 2. The Occupancy Permit for the principal dwelling unit was issued at least two (2) years prior to application for the Special Permit. 3. One of the dwelling units is occupied by the owner of the property, except for bona tefaderernyce. 4. The temporary use of the premises is for the owner(s); or a family member of the owner(s); or a caretaker or a health care provider to the occupant of one of the units; or an elderly person (age 60 years or older); or a mentally or physically handicapped person. 5. There is no other accessory dwelling unit on the lot which the proposed accessory unit is to be located. 6. The applicant shall, in addition to obtaining a special permit, also obtain a building permit, and needed Conservation Commission approvals, and an occupancy permit prior to the occupancy of the proposed accessory dwelling unit. 7. Renewal of the special permit shall take place every four (4) years from the date of issuance of this Special Permit and upon change of ownership or tenants. Renewal of the Special Permit will require an inspection by the Building Inspector and a written certification by the owner and Building Inspector, verifying that the terms of the Special Permit and the zoning bylaw are being met. The Building Inspector shall verify that all means of access and egress have been maintained, and that there has been no change in the occupancy, design or dimensional standards under Section V.A.11.e.1.b. below. (Am5 e1/9953, ) Section V Use Regulations V-3 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW 8. The Building Inspector shall be notified upon occcssatncn. 9. This Special Permit shall be valid only for the occupancy of the apartment by the apartment tenant(s) for whom it was issued; upon cessation of occupancy by such tenant(s), the permit shall lapse and be null and void. 10. The kitchen facilities shall be removed when there is no longer a valid special permit for the unit. b. Design and Dimensional Standards 1, A plot plan and scaled architectural drawings of the existing dwelling unit and proposed addition shall be submitted, showing location of the building on the lot, proposed addition, location of septic system and parking and compliance with Section V.A.11.e.1.a. 1-10 above and the following items: 2. The maximum gross floor area shall not exceed the lesser of 1,000 square feet or one third of the gross floor area of the dwelling unit and the proposed accessory unit combined, as measured after conversion. 3 Any extension to the building shall not create more than a 25% increase in the gross floor area of the existing structure. (Amended 5/95) 4. The maximum number of bedrooms shall be one (1). 5. The maximum number of people shall be two (2). 6. The lot on which the proposed accessory dwelling unit is to be located contains at least 10,000 square feet. 7. The external appearance of the building in which the accessory dwelling unit is located shall not be significantly altered from a single-family dwelling unit. 8. The kitchen facilities shall be of a type readily removable. Section V Use Regulations V-4 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW 9. Adequate provision has been made for egress to the outside from the accessory dwelling unit; any external stairways shall be screened from view, buffered, or located out of sight from any street. 10. One off street parking space shall be provided for the new dwelling unit, in addition to the required parking for the principal unit; every effort shall be made to minimize the visibility of the additional parking space by location and screening. 11. Construction and occupancy of the additional dwelling unit will not be detrimental to the neighborhood in which the lot is located, and will not be injurious or dangerous to the public health or hazardous because of traffic congestion, danger of fire, or other reasons, and will not result in violation of the dimensional requirements of zoning in effect at the time of the application. 2. In order to provide for a way to preserve large older homes in the Town, conversion of a one-family dwelling existing at the time of the adoption of the ordinance (1954) into a two-family dwelling, provided that: (Added May 6, 1991) a. Administration and Application 1. Written approval of all the proposed arrangements for sanitary waste, water supply, and drainage is obtained from the Board of Health prior to the submission of the Special Permit application to the Board of Appeals. 2. The applicant shall, in addition to obtaining a Special Permit, also obtain a building permit, and needed Conservation Commission approvals, and an occupancy permit prior to occupancy of the proposed dwelling unit. b. Design and Dimensional Standards 1. A plot plan and scaled architectural drawings of the existing dwelling unit and alterations are submitted, showing location of the building on the lot, proposed alterations, location of septic system and parking, and compliance with Section V.A.11.e.2.a. 1 and 2 above, and the folliwmin:g Section V Use Regulations V-5 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW 2. The lot on which the proposed conversion is to be located contains at least 20,000 square feet, and the existing dwelling unit contains at least sqe,u0ea.0r0 3. The external appearance of the building in which the dwelling units are located shall not be significantly altered from its previous single- fcaarlcter. 4. Adequate provision has been made for egress to the outside from the additional dwelling unit; any external stairways shall be screened from view, buffered, or located out of sight from any street. 5. One off street parking space shall be provided for the new dwelling unit, in addition to the required parking for the principal dwelling unit; every effort shall be made to minimize the visibility of the additional parking space by slrcedtnng. 6. Construction and occupancy of the additional dwelling unit will not be detrimental to the neighborhood in which the lot is located, and will not be injurious or dangerous to the public health or hazardous because of traffic congestion, danger of fire, or other reasons, and will not result in violation of the dimensional requirements of zoning in effect at the time of the application. 3 Accessory Apartments on Large lots (Added 5/96) To provide for accessory apartments for family/caretakers on large lots, an accessory apartment in a single family dwelling or an accessory building (as defined in Section VII.1.), provided that a. Administration and Application 1. Written approval of all the proposed arrangements for sanitary waste, water supply, and drainage is obtained from the Board of Health prior to the submission of the Special Permit application to the ABopfadls. 2. Written approval of the plot plan referenced to in b.1. below with regard to relevant guidelines as Section V Use Regulations V-6 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW found in Section VI.H.5. of the ZBL is obtained from the Planning Board prior to the review of the ABpopfdls. 3. One of the dwelling units is occupied by the owner of the property, except for bona fide temporary absence. 4. The applicant shall, in addition to obtaining a special permit, also obtain a building permit, and needed Conservation Commission approvals, and an occupancy permit prior to the occupancy of the propoascessoarrtment. b. Design and Dimensional Standards 1. A plot plan and scaled architectural drawings of the existing dwelling unit and proposed addition shall be submitted, showing location of all building(s) on the lot, the proposed addition, location of all septic systems and parking and compliance with fotlowitigs: 2. The lot on which the proposed conversion is to be located is at least 10 acres. 3. Any external stairways shall be screened from view, buffered or located out of sight from any street. 4. One off street parking space shall be provided for the additional dwelling unit, in addition to the required parking for the principal dwelling unit; every effort shall be made to minimize the visibility of the additional parking space by location and screening. The driveway shall conform to Section VI.B.12 of this ZBL. c. Not Detrimental to Neighborhood The Board of Appeals shall make a finding that the construction and occupancy of the additional dwelling unit will not be detrimental to the neighborhood in which the lot is located, and will not be injurious or dangerous to the public health or hazardous because of traffic congestion, danger of fire, or other reasons, and will not result in violation of the dimensional requirements of zoning in effect at the time of the application. Section V Use Regulations V-7 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW d. SpeciaRlestrictions 1. The principal dwelling unit and the accessory apartment shall be held in the same ownership. 2. The lot upon which the principal dwelling unit and accessory apartment are located shall not be reduced in size to less than 10 acres; reduction in lot size to less than 10 acres will cause the accessory apartment to be in violation of this ZBL. 4. Accessory Apartment (approved May 3, 2006, Article 4-4; amended May 8, 2007, Article 3-3; amended May 6, 2008, Article2008/53-4) 1. Purposes. The purposes of the Accessory Apartment Bylaw are to provide for a variety of housing choices in Hamilton, without substantially altering the appearance and character of residential neighborhoods or the Town. 2. Procedures. Application for a special permit may be made to the Board of Appeals under M.G.L. c.40A Section 9 and Section IX.D of this Bylaw. The Board of Appeals may grant a special permit for an accessory apartment provided the following conditions are met. a. A plot plan and scaled architectural drawings of the existing dwelling unit, proposed accessory apartment, and proposed addition (if any) shall be submitted, showing location of the building on the lot, location of septic system, and parking. b. The accessory apartment shall be located within a single-family dwelling or in an accessory structure on the same lot, such as an attached garage or a detached garage or barn, and shall clearly be a subordinate part of the building. c. The single-family dwelling on the lot is at least ten years old at the time of the accessory apartment special permit application. d. The accessory apartment shall not exceed 900 square feet of gross floor area e. The applicant shall be an owner-occupant of the premises, and shall remain an occupant of either the principal single-family dwelling or the accessory apartment. f. Not more than one accessory apartment shall be permitted on a lot. Section V Use Regulations V-8 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW g. The maximum number of bedrooms shall be one. h. To the maximum extent practical, the accessory apartment shall be designed so that the exterior appearance of the building remains unchanged. Any building addition for accessory apartment space shall not exceed 15% of the Gross Floor Area existing in the single-family dwelling or accessory structure, as applicable, at the time of the application. Unless otherwise required by the Massachusetts State Building Code, any new exterior stairs needed to provide primary or secondary means of egress for the accessory dwelling shall not be located on a side of the building facing the street. i. There shall be at least one additional off-street parking space to serve the accessory apartment. j. The septic system serving the accessory dwelling shall meet current Title V regulations and regulations of the Hamilton Board of Health. k. The apartment shall not be held in, or transferred into, separate ownership from the principal dwelling under a condominium form of ownership, or otherwise. l. The Board of Appeals shall not issue more than ten (10) accessory apartment special permits under this Section in any 12-month period. 4. Prtheisions a. There is no minimum lot area requirement. b. No construction shall commence without issuance of a building permit by the Building Inspector, and there shall be no use or occupancy of the accessory apartment until the Building Inspector has issued a certificate of occupancy. f.. (“Roadside Stand” deleted May 6, 2008, Article 2008/5 3-4) g. Garage space for more than four automobiles. If commercial garage, Site Plan Review is required; see section VI.H. h. Temporary use for amusements and recreation under permit with appropriate limitations from the Board of Selectmen. i. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or Section V Use Regulations V-9 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW scientific development or related production, provided the Board of Appeals finds that the proposed use does not substantially derogate from the public good. This use may require Site Plan Review; see section VI.H. j. Wind Energy Conversion Systems subject to the standards set forth in SectioIn.I. k. Communication Towers and Telecommunication Antenna Facilities, subject to standards set forth in Section VI.J., and subject to a Special Permit from the Planning Board. (Amended May 7, 2001). 12. OPEN SPACE AND FARMLAND PRESERVATION DEVELOPMENT (approved January 31, 2005, and replaces former 12., Flexible Plan Subdivisions) 1. Purpose and Intent . The purposes of Open Space and Farmland Preservation Development (OSFPD) are to: a. Protect permanently open space, agricultural and forestry land, historical and archeological resources, existing and proposed trails, wildlife habitat and corridors, and other natural resources including wetlands and water bodies; in a manner consistent with the goals of the Plan; MastH eramilton b. Encourage creative, environmentally sensitive design as the preferred form of residential development; c. Encourage a more efficient form of development that consumes less open land and respects existing topography and natural features better than a conventional or grid subdivision; d. Provide a variety of housing choices, particularly for older persons; e. Reduce the anticipated negative fiscal impact on the Town associated with conventional residential development; and f. Provide a development option to large-parcel landowners who wish to see a continuation of their stewardship of the land. Applicability2.. a. In the R-1a, R-1b, or RA Districts, a Special Permit is required from the Planning Board for any development of ten or more acres and/or five or more dwelling units. For purposes of Section V.12, a indcvele:ment i. Five or more dwelling units on a single lot of land; or ii. A division of a tract of land containing ten or more acres, whether comprised of a single lot or contiguous lots held in common ownership, into five or more residential lots. Developments may not be segmented to avoid compliance with this Bylaw section. Accordingly, divisions that would cumulatively result in an increase by five or more residential Section V Use Regulations V-10 HAMILTON ZONING BYLAWHAMILTON ZONING BY-LAW lots above the number existing twenty-four months earlier shall be subject to the requirements established herein. A division of land includes a subdivision as defined in M.G.L. c. 41, Section 81-L or 81-U, or a division of land under M.G.L. c. 41, Section 81-P. iii. After the Planning Board has acted on the OSFPD Special Permit application, the developer maintains the option of proceeding with either an OSFPD or a conventional subdivision plan. b. Pre-Existing Lots. The provisions of Section V. Section 12 shall not apply to the construction of five (5) or more dwelling units on individual lots if the lots were in existence prior to adoption of this Bylaw section, or to the conversion of an existing structure into five or more dwelling units. c. Voluntary Process. Nothing in this Bylaw section shall prohibit the Planning Board from granting an OSFPD Special Permit on less than ten acres of land or comprised of fewer than five lots or dwelling units. d. Future Subdivision. The common open space and all lots in an OSFPD may not be further subdivided, and a notation to this effect shall be placed on the plan of record, which shall be recorded at the Registry of Deeds. 3. Planning Board Regulations . The Planning Board shall adopt and from time to time may amend OSFPD Rules and Regulations to implement this Bylaw section. Such regulations shall include but will not be limited to Submission Requirements, Plan Requirements, such as size, form, number and contents; Development Standards, Site Standards, and Standards for Building Placement and Design. Such rules and regulations are required and authorized under M.G.L. Ch. 40A, s. 9, and shall be adopted after proper notice, posting, p
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