S 2311 - Amends Residential Zoning Regulations - Massachusetts Key Vote

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Title: Amends Residential Zoning Regulations

Vote Smart's Synopsis:

Vote to pass a bill that amends residential zoning regulations.

Highlights:

  • Requires an “inclusionary housing” unit to be available for at least 30 years (Sec. 21).
  • Defines “inclusionary housing” as affordable housing only authorized for purchase by a household with an income at or below 120 percent of the median income of the applicable area (Sec. 3).
  • Prohibits a municipality from establishing a special permit to require an “accessory dwelling unit” in a single-family residential zoning district on a lot with 5,000 or more square feet to meet certain environmental regulations (Sec. 5).
  • Authorizes a municipality to limit the total number of “accessory dwelling units” in the municipality to at least 5 percent of total non-seasonal housing units in the municipality (Sec. 5).
  • Defines “accessory dwelling unit” as a self-contained housing unit that meets the following criteria (Sec. 5):
    • The unit contains sleeping, cooking, and sanitary facilities;
    • The unit is located on the same lot as the principle dwelling;
    • The unit is not to be sold separately from the principle dwelling;
    • The unit is no larger than ½ the floor area of the principle dwelling or 900 square feet, whichever is smaller.
  • Requires a zoning ordinance to provide at least 1 district of reasonable size that permits “multi-family housing” (Sec. 6).
  • Defines “multi-family housing” as either of the following buildings (Sec. 6):
    • A residential building with 3 or more dwelling units; or
    • 2 or more residential buildings on the same lot with more than 1 dwelling unit in each.
  • Establishes a development impact fee that applies to facilities including, but not limited to, the following municipal facilities (Sec. 21):
    • Water supply, treatment, and distribution; and
    • Roads and public transportation improvements.
  • Requires a development impact fee to be imposed proportionately to the impact created by the development’s construction, enlargement, expansion, or substantial rehabilitation that results in a net increase of demand or service (Sec. 21).
  • Requires a municipal planning board to evaluate the zoning policies designed to meet the following local housing needs (Sec. 25):
    • The affordable housing needs of low, moderate, and median income households; and
    • The accessible housing needs of people with disabilities and special needs.
  • Specifies that if a landowner protests a zoning amendment, the amendment requires at least a two-thirds majority vote to pass (Sec. 10).

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