Public Notice
April 2004 Special Town Meeting
Notice is hereby
given that the following amendments to the Provincetown Zoning By-laws as voted
at the April 7, 2004 Special Town Meeting were approved by the Massachusetts
Attorney General on July 6, 2004. This notice is published pursuant to
Massachusetts General Laws c.40§32. Any claims that a zoning by-law is invalid
because of a defect in the procedure by which the by-law was adopted or amended
may only be made within ninety (90) days of this posting. Copies of the zoning
by-laws may be examined and obtained from the Town of Provincetown, Office of
the Town Clerk, 260 Commercial St., Provincetown, MA. By-laws are also available for viewing at the Provincetown
website: www.provincetown-ma.gov
Article 2. Zoning By-law Amendment: Affordable Accessory
Apartments; Amnesty. Amend the Zoning By-law as follows:
I. Add SECTION 4800,
AFFORDABLE HOUSING BY-LAW, as follows:
“SECTION 4800, AFFORDABLE HOUSING BY-LAW
1. Accessory
Apartments. One (1) accessory
dwelling unit per lot 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. The accessory dwelling unit shall be subject to an affordable
housing restriction, for a term of perpetuity or the longest period allowed by
law, that limits rental rates and resale prices, limits eligibility for
occupancy and purchase, and provides a right of first refusal to the Town of
Provincetown. Accessory 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 80% of Barnstable County median income.
B. The accessory dwelling unit shall be located within the principal
structure or a garage or other existing freestanding structure.
C. The Inspector of Buildings and Health Agent shall have inspected
the premises 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 shall apply for a special permit under this
section within one (1) year of the effective date of this section; otherwise
the provisions of this section shall not apply to such lots.
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 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 occupancy permit shall be issued for any
accessory dwelling unit without evidence of recordation of the affordable
housing restriction and the subordination of all mortgages.
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.”
II. Amend Article 1 Definitions:
(a) Delete the definition of
“Affordable Housing” and replace it with the following definition:
“Affordable
Housing: Dwelling units subject to affordable housing restrictions
based on the Barnstable County median income as is periodically defined by
United States Department of Housing and Urban Development adjusted for household
size, as further defined below.
(a) Low
Income Community Housing. Dwelling
units, subject to an affordable housing restriction, for a term of perpetuity
or the longest period allowed by law, that limits rental rates, limits
eligibility for occupancy and purchase, and provides a right of first refusal
to the Town of Provincetown. Low Income Community Housing units shall be
available for rental at a cost (including utility allowances) not exceeding 30%
of annual income for a household at or below 50% 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 50%
of the Barnstable County median income.
Occupancy shall be limited to households whose income is at or below 65%
of Barnstable County median income.
(b) Moderate Income
Community Housing. Dwelling units,
subject to an affordable housing restriction, for a term of perpetuity or the
longest period allowed by law, that limits rental rates and resale prices,
limits eligibility for occupancy and purchase, and provides a right of first
refusal to the Town of Provincetown. Moderate Income Community Housing 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 Barnstable County
median income.
III. Amend SECTION
2440, PERMITTED PRINCIPAL USES as follows:
Amend use category “A.
Residential” by inserting as use item “A7” the
words “Dwelling, Accessory
Apartment” and inserting in each of the “Res1”, “Res2”, “Res3/ResB”, “TCC”, and
“GC” columns, the letters “BA”.
Article 3.
Zoning By-law Amendment: Growth
Management Reallocation for Affordable and Middle-Income Community Housing
Units.
WHEREAS, changes in use have led to a decrease in the Title 5 design flow of
certain properties in Provincetown; and WHEREAS, the Town desires to reallocate
such decreases in flow for affordable and middle income community housing, THEREFORE, the Town votes to amend the
Zoning By-law as follows:
I.
Amend ARTICLE 1 DEFINITIONS by adding the definition of “Community Housing” as
follows:
“Community Housing: Dwelling units subject to
community housing restrictions based on the Barnstable County median income as
is periodically defined by United States Department of Housing and Urban
Development adjusted for household size, as further defined below.
(a) Median Income Community Housing. Dwelling units, subject to a housing restriction, for a term of perpetuity or the longest period allowed by law, that limits rental rates and resale prices, limits eligibility for occupancy or purchase, and provides a right of first refusal to the Town of Provincetown. 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 Barnstable County median income.
(b) Middle Income Community Housing. Dwelling units, subject to a housing restriction, for a term of perpetuity or the longest period allowed by law, that limits rental rates and resale prices, limits eligibility for occupancy or purchase, and provides a right of first refusal to the Town of Provincetown. 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 Barnstable County median income.
II. Amend Section 6500, Table of Use Categories and
Priorities, GENERAL USE CATEGORY 1 by changing "1. Affordable Housing
Units" to "1a Affordable Housing Units" and adding the
following: "1b Medium Income Community Housing Units, and 1c Middle Income
Community Housing Units."
III. Amend Section 6600, by adding
to the end of paragraph 1 the following: “On the effective date of this zoning
by-law amendment and on the anniversary thereof in 2005, 2006, 2007 and 2008,
550 gallons per day shall be added to the allotment for Use Category 1a,
provided that prior to each such anniversary, the Board of Selectmen shall have
made a finding that the Town is in compliance with the water
withdrawal permit issued by the Department of Environmental Protection
(“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations
promulgated by DEP with respect thereto.”
IV. Amend Section 6600 by adding a
new paragraph 1A. “On the effective date of this zoning by-law amendment and on
the anniversary thereof in 2005, 2006, 2007 and 2008, 1,100 gallons per day
shall annually be added to the allotment for Use Category 1b, provided that
prior to each such anniversary, the Board of Selectmen shall have made a
finding that the Town is in compliance with the water withdrawal permit
issued by the Department of Environmental Protection (“DEP”) pursuant to 310
CMR 36.00 and all applicable rules and regulations promulgated by DEP with
respect thereto.”
V. Amend Section 6600 by adding a new paragraph 1B. “On the
effective date of this zoning by-law amendment and on the anniversary thereof
in 2005, 2006, 2007 and 2008, 550 gallons per day shall annually be added to
the allotment for Use Category 1c, provided that prior to each such
anniversary, the Board of Selectmen shall have made a finding that the Town is
in compliance with the water withdrawal permit issued by the Department of
Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable
rules and regulations promulgated by DEP with respect thereto.”
Doug Johnstone
Provincetown Town
Clerk
Published:
Provincetown Banner: July 15 & 22, 2004
Posted: Town Hall and www.provincetown-ma.gov 7/8/05 4:30 pm