Zoning And Subdivision In Massachusetts.pptx

Front 1

The history of zoning in the United States stems from the laws regulating
A) the height of buildings in the City of Boston
B) the sidewalks of Los Angeles
C)) the labor unions
D) Buliding Peabody

Back 1

A

Front 2

In 1094, the legislature authorized the division

Back 2

of Boston into districts

Front 3

In 1921 Herbert Hoover, United States Secretary of Commerce appoints

Back 3

Zoning Advisory Committee

Front 4

This committee, after broad consultation with experts in the field of land-use control, drafted the first ___________________________________ and distributed it to states and municipalities throughout the country.

Back 4

Standard State Zoning Enabling Act

Front 5

In 1926, the Department published a revised version of the standard zoning enabling act which worked to ensure that

Back 5

proper zoning can be undertaken under it without injustice and without violating property rights

Front 6

What were three purposes of Chapter 808?

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1) Encourage the adoption and modernization of municipal zoning laws
2)Establish standardized procedures for administration and promulgation of municipal zoning laws
3)Section 2A lists the objectives of The Zoning Act

Front 7

What are two requirements for zoning districts?

Back 7

uniformity and zoning maps

Front 8

How are zoning uses permitted?

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By Right
By Special Permit
By Variance
Site Plan Approval

Front 9

Who has permit Granting Authority?

Back 9

Zoning Administrator

Front 10

Define zoning

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Ordinance or bylaws, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants

Front 11

How many members of the zoning board of appeals are there?

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three to five?

Front 12

Section 8 gives the appeals court the power to

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hear appeals

Front 13

Section 9 gives the appeals court the power to

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hear requests for special permits

Front 14

Section 10 gives the appeals court the power to

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hear requests for variances

Front 15

Section 13 gives appeals court the power to

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hear appeals from decisions of the zoning administrator

Front 16

What is a variance?

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statutory criteria for granting a variance

Front 17

What are three types of special permits?

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Special Use Permits
Dimensional Special Permits
Standards for Granting Special Permits

Front 18

Define Special use permits

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Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specific districts upon the issuance of a special permit.”
Use must be specifically identified in the bylaw

Front 19

Define Dimensional Special Permits

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Section 9 authorizes the granting of special permits for dimensional variations

Front 20

Why are more communities using dimensional special permits

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the harsh findings necessary for the grant of a variance.

Front 21

How many votes must a person get for special permit granting authorities?

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3 of a 3-Member Board
4 of a 5-Member Board
2/3 of a Board of more than 5

Front 22

How must zoning enforcement requests be submitted?

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in writing

Front 23

How long is the statute of limitations for zoning violations?

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6 years

Front 24

Planning Board (and City Council) must hold public hearing within

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65 days

Front 25

Planning Board has ____________to make report to legislative body after the public hearing.
Legislative body cannot act until planning board report or the expiration of the day period.

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21 days

Front 26

If town meeting or city council fails to adopt – cannot be reconsidered by town meeting or city council for _________________________

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two years

Front 27

What are the five steps of the special permit process for zoning?

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Filing
Withdrawal of Application
Public Hearing Requirements
Decision
Recording and Lapse

Front 28

Filing and Public hearing requirements for variance and appeals process are the same as

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special permits

Front 29

In the case of special Constructive Grant , the petitioner must

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inform municipal clerk within 14 days after 90 day period

Front 30

What are the five steps in the special permit process?

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filing
withdrawal of application
public hearing requirements
decision
recording and lapse

Front 31

Final Action must be taken ______

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90 days

Front 32

What are some regulations for special permits in the constructive grant process?

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Failure to take action within 90 day time period
Petitioner must inform municipal clerk within 14 days after 90 day period
Petitioner must inform clerk that parties in interest have been notified of constructive grant and rights of appeal
If no appeal, clerk certifies constructive approval
Special Permit application and certification must be recorded

Front 33

One can receive a constructive grant if the court fails

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to make a decision within 100 days

Front 34

What are some purposes for the Subdivision Control Law?

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protecting the safety, convenience, and welfare of the inhabitants of cities and towns in which it is enacted

Front 35

Unlike a municipality’s broad zoning authority, the planning board’s authority under the Subdivision Control Law is limited to

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regulating the construction of roadways and infrastructure.

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As noted in Section 81M, it is an approval statute in that the landowner is entitled to approval if his plan conforms

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with the regulations of the planning board and the board of health.