Town of
Public Notice
Amendments to the
April 2007 Special &
Notice is hereby given that the following amendments to the
Provincetown General By-Laws, as voted by the April 4, 2007 Special and Annual
Town Meeting, were approved by the Massachusetts Attorney General on
Special Town
Meeting Article 4. Zoning Amendment –
Special Town Meeting Article 7. Zoning By-Law Amendment: Growth Management
Affordable Housing and Community Housing. To amend the Zoning
By-laws, Section 6300(4), to deem properties that have been granted an
Affordable Housing Permit or a Community Housing Permit and containing 100%
Affordable Housing and/or Community Housing dwelling units to be a public
service use pursuant to Section 3 of Chapter 157 of the Acts of 2000, by adding
the italicized language so that said section 6300(4) reads as follows:
“4. Affordable Housing Permits and/or Community Housing Permits
will be authorized on a priority basis as established by the PLHP, using criteria
including but not limited to housing quality standards, quality of design,
degree of affordability in terms of cost, and financial feasibility of the
proposal. No Affordable Housing Permit and/or Community Housing Permit
shall be issued without prior authorization of the PLHP. Each
property in which 100% of the dwelling units are Affordable Housing and/or
Community Housing, and for which an Affordable Housing Permit or a Community
Housing Permit is granted, shall be deemed a public service use under Section 3
of Chapter 157 of the Acts of 2000.”
Special Town
Meeting Article 9. Zoning By-law Amendment
– Section 4170 – Proposal II. To amend the Zoning By-laws by amending
Section 4170 to read as follows:
4170 Change of Use/Non-Residential to Residential Use
Conversions
1. Purpose and Intent
The purpose of this by-law is to establish special permit requirements
for changes of use from commercial to residential use and to minimize adverse
impacts on the community from such development. In addition, this by-law is
intended to create additional affordable housing opportunities for
2. Applicability
The following types of change of use shall require Special Permit
authorization from the Zoning Board of Appeals as provided for in Article 5,
Section 5300:
(a)
Any change of
use from a non-residential use to a residential use;
(b)
Any change of
use from a boarding, lodging or tourist homes use, to a residential use; and
(c)
Any change of
use involving mixed use development that alters the existing mix of uses such
that a predominantly non-residential development becomes predominantly
residential.
3. Requirements
The Zoning Board of Appeals, as a condition of any development referred
to in Section 2(a)-(c) shall require that the applicant for special permit
approval comply with the following requirements regardless whether other
Special Permits or Variances are required:
(a) Such change of use shall be authorized with a Special Permit from
the Zoning Board of Appeals as provided for in Section 5300, which may require
a Development Impact Statement as specified in Article 5, Section 5331.
(b) The applicant shall obtain a finding of compliance with Title V of
the State Sanitary Code, as determined by the Board of Health, with such
compliance to be certified by a Registered Engineer.
(c) Any such change of use resulting in the creation of five (5) or more
dwelling units shall be required to provide Affordable Housing as defined in
Article 1 of these By-laws and more fully described below in Section 4
Provision of Affordable Units.
(d) The project must comply with the provisions of Article 4, Section
4100.
(e) None of the above shall
relieve the applicant of complying with other provisions of these By- Laws.
4. Provision of Affordable Units
Any special permit application for a change of use requiring an
affordable housing provision pursuant to Section 3(c) above shall comply with
the following requirements for affordable units. For the purpose of calculating
the 20% affordable housing contribution, all numbers shall be rounded to the
nearest whole number. At least 20% of the units created
shall be established as affordable housing units and shall be constructed or
rehabilitated on the locus subject to the special permit (see Section 5).
5. Provisions Applicable to Affordable Housing
Units
(a)
Siting of
affordable units. All affordable units constructed under this by-law shall be
situated within the development so as not to be in less desirable locations
than market rate units in the development and shall, on average, be no less
accessible to public amenities as the market-rate units.
(b)
Minimum design
and construction for affordable units.
Affordable housing units within market rate developments shall be
integrated with the rest of the development and shall be compatible in design,
appearance, construction and quality of materials with other units. Where feasible, interior features of
affordable units shall comply in all respects to the minimum design and
construction standards set forth in the Local Initiative Guidelines by the
Department of Housing and Community Development (DHCD) November 2006, or as
amended. There shall be a similar proportion of affordable and market rate
units in developments with a mix of unit/bedroom sizes.
(c)
Timing of
construction or provision of affordable units or lots. The development of affordable housing units
shall take place at the same rate and timeframe as the development of market
rate units.
1.
Building
permits for any phase shall be issued at a ratio of 4 (four) market rate units
to 1 (one) affordable unit. Building
permits for subsequent phases will not be issued unless all the required
affordable units in the preceding phase are constructed. The last unit
permitted and constructed shall be a market rate unit.
2.
The project may
also be constructed in its entirety with all permits issued at once provided
that the occupancy permits are issued at a ratio of 4 (four) market rate units
to 1 (one) affordable unit. The last
occupancy permit to be issued shall be for a market rate unit.
6. Distribution
Distribution of affordability for rental or ownership units as Low
Income Community Housing or Moderate Income Community Housing shall be set as
determined by the ZBA in consultation with the Provincetown Community Housing
Council.
7. Maximum Incomes and Selling Price; Affordable Housing Inventory
Maximum incomes and sales prices
are set forth in Article 1 Definitions. It is intended that the affordable
housing units created under this by-law be considered as Local Initiative Units
or Local Action Units in compliance with DHCD requirements.
8. Preservation of Affordability; Use Restrictions:
(a) Affordable housing units created in
accordance with this by-law shall use affordable housing restrictions that are
recorded at the Barnstable County Registry of Deeds and that require the units
to remain affordable in perpetuity. Such affordable housing restriction shall
grant, among other things, the Town’s right of first refusal to purchase the
property in the event that a subsequent qualified purchaser cannot be located.
(b) The ZBA shall require, as a
condition for special permit under this bylaw, that the applicant comply with
the mandatory set-asides and accompanying restrictions on affordability,
including the execution of the affordable housing restriction noted in Section
10(a) above. The Building Commissioner shall not issue an occupancy permit for
any affordable unit until the affordable housing restriction is recorded.
9. Segmentation
Developments may not be phased or
segmented to avoid compliance with conditions or provisions of this
by-law.
10. Conflict with Other Bylaws
The provisions of this bylaw
shall be considered supplemental of existing zoning bylaws/ordinances. To the
extent that a conflict exists between this bylaw and others, the more
restrictive bylaw, or provisions therein, shall apply.
11. Severability
If any provision of this bylaw is held invalid by a court of competent
jurisdiction, the remainder of the bylaw shall not be affected thereby. The
invalidity of any section or sections or parts of any section or sections of
this bylaw shall not affect the validity of the remainder of
Special Town Meeting Article 10. Zoning By-law Amendment: Section 4800
Affordable Housing By-Law. To amend the Provincetown
Zoning By-laws, as follows,
(1) Modify the following definitions to Article 1 Definitions by adding the following:
Accessory Dwelling Units A dwelling unit, which is subordinate in use
and area to that of the principal structure and is located on the same lot
therewith and subject to the requirements of Article 4 Section 4800 of these
By-laws.
(2) Strike line A7 of Section 2440 Permitted Principal Uses so that it reads as follows:
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(3) Add line G17 of Section 2450 Permitted Accessory Uses so that it reads as follows:
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G17 |
Accessory Dwelling Unit 4 |
BA |
BA |
BA |
BA |
BA |
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4Subject to the requirements of Article 4 Section
4800of these By-laws.
(4)
Modify Section 4800 Affordable Housing By-Law to read as follows:
Section 4800 Affordable Housing By-Law
1. Accessory Dwelling Units.
Accessory dwelling units may
be allowed in any residential or commercial zoning district by special permit
from the Zoning Board of Appeals, notwithstanding any provisions in the Zoning
By-law that may restrict the total number of dwelling units per lot, subject to
the requirements, standards and conditions listed below.
2. Requirements and Standards
A. An accessory
dwelling unit shall be subject to a housing
restriction, for a term of at least twenty years, that limits rental
rates and resale prices, and limits eligibility for occupancy and purchase.
Affordable
Housing dwelling units shall be available for
rental at a cost (including utility allowances) not exceeding 30% of annual
income for a household at or below 65% of the Barnstable County median
income; or available for ownership at a cost (including mortgage interest,
principal, taxes, insurance and common charges if any, but excluding utilities)
not exceeding 30% of annual income for a household at or below 65% of
the Barnstable County median income. Eligibility for occupancy shall be limited
to households whose income is at or below 80% of
Median Income
Community Housing dwelling units shall be available for rental at a cost
(including utility allowances) not exceeding 30% of annual income for a
household at or below 80% of the Barnstable County median income; or, available
for ownership at a cost (including mortgage interest, principal, taxes,
insurance and common charges if any, but excluding utilities) not exceeding 30%
of annual income for a household at or below 80% of the Barnstable County
median income. Eligibility for occupancy shall be limited to households whose
income is at or below 100% of
Middle income
community housing dwelling units shall be available for rental at a cost
(including utility allowances) not exceeding 30% of annual income for a
household at or below 120% of the Barnstable County median income; or,
available for ownership at a cost (including mortgage interest, principal,
taxes, insurance and common charges if any, but excluding utilities) not
exceeding 30% of annual income for a household at or below 120% of the Barnstable
County median income. Eligibility for occupancy shall be limited to households
whose income is at or below 150% of
B. The
accessory dwelling unit shall be located within the principal structure or an
existing or new freestanding structure.
C. The
Inspector of Buildings and Health Agent shall have inspected an
existing structure for compliance with public safety and public health
codes.
D. A
special permit application shall include a certification of the amount of rent
to be charged or the sale price, as applicable, for each accessory dwelling
unit and the income of each occupant household. For rental accessory dwelling
units, each year thereafter on the first of July, holders of special permits
granted pursuant to this section shall submit to the Zoning Board of Appeals or
its agent as designated in the special permit a certification of annual rents
charged and the income of occupant household(s) for the most recently completed
fiscal year of the holder and as of July first. Forms for this purpose shall be
provided by the Town or its agent. Rents may be adjusted annually in accordance
with Department of Housing and Community Development Local Initiative Program
Regulations and Guidelines, or regulations and guidelines or a similar state
program having the same purpose.
3.
Amnesty. Owners of
lots containing a dwelling unit (i) for which there
does not exist a validly-issued variance, special permit, building permit or
occupancy permit, (ii) that is/are not legally pre-existing, non-conforming
use(s) or structure(s), or (iii) is/are not otherwise in compliance with the
Zoning By-law may apply for a special permit under this section.
4. Procedure.
A.
The property owner shall complete and submit an application for a special
permit to the Zoning Board of Appeals in accordance with the Provincetown
Zoning Board of Appeals Rules and Procedures.
B.
The property owner shall obtain a compliance certification as provided by
Section 5120 to allow the change in use.
C.
The property owner shall obtain a certificate of occupancy prior to
occupancy of the accessory dwelling unit.
D.
The property owner shall deliver to the Provincetown Local
Housing Partnership Community Housing Council an executed and acknowledged affordable
housing restriction or, for ownership accessory dwelling unit an executed and
acknowledged covenant whereby the property owner agrees to convey the accessory
dwelling unit subject to a certain affordable housing restriction attached as
an exhibit to the covenant, in either case approved as to form by town counsel,
before a compliance certification pursuant to Section 5120 may issue for the
accessory dwelling unit. If the
compliance certification is denied, the instrument shall be returned to the
property owner; if the compliance certification is granted, the instrument
shall be recorded by the Board of Selectmen.
No permanent occupancy permit shall be issued for any accessory dwelling
unit without evidence of recordation of the housing restriction
.
E. Failure to comply with any provision of this
Section 4800 may result in fines established in Section 5140 of the
Provincetown Zoning By-laws.
5. Scope and Validity of the Bylaw.
Nothing in this Section 4800 shall nullify or exempt
any property or use from any other provisions of these By-laws or other Town
regulations. The invalidity of any provision of this Section 4800 shall not
invalidate any other section or provision hereof, nor shall it invalidate any
building permit, occupancy permit or special permit issued in reliance on said
section or provision prior to the determination of its invalidity.
Annual Town Meeting Article 16. Zoning By-law Amendment: Section 2440
Permitted Principal Uses. To amend the Provincetown Zoning By-laws, as
follows:
(1) Modify line B4f, B5 and B8 of Section 2440
Permitted Principal Uses to read as follows:
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B. |
Business |
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B1 |
Business or professional
offices, banks |
NO |
NO |
NO1 |
YES |
YES |
NO |
NO |
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B2 |
Funeral Home |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
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B3 |
Hotel, motel or inn |
NO5 |
NO5 |
YES3 |
YES2 |
YES2 |
NO |
NO |
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B4 |
Retail sales or service |
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a. neighborhood |
BA |
BA |
BA |
YES |
YES |
NO |
NO |
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b. art gallery |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
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c. motor vehicles sales,
rental or services 4 |
NO |
NO |
NO |
BA |
YES |
NO |
NO |
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d. marine service, boat sales |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
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e. package store |
NO |
NO |
NO |
BA |
BA |
NO |
NO |
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f. all other retail |
NO |
NO |
BA18 |
YES17 |
YES17 |
NO |
NO |
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B5 |
Restaurant, bar |
NO |
NO |
BA18 |
BA6 |
BA6 |
NO |
NO |
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B6 |
Rental storage |
NO |
NO |
BA9 |
BA9 |
BA9 |
NO |
NO |
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B7 |
Parking lots |
NO |
BA11 |
BA11 |
BA11 |
BA11 |
NO |
NO |
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B8 |
Fast Order Food Establishments
(excluding those with seating for less than ten and which occupy no more than
a total of 500 square feet.) |
NO |
NO |
BA18 |
BA12 |
YES13 |
NO |
NO |
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B9 |
Adult
Entertainment17 |
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