Mass. General Laws c.40Y § 3

Minimum requirements for compliance

Updates

Added by St.2022, c.268, § 89, effective November 10, 2022

Section 3

A starter home zoning district shall comply with the following minimum requirements:

(1) Starter homes shall be a use permitted as of right at a density of not fewer than 4 units per acre of developable land area. No other single-family residential uses shall be permitted as of right or by special permit in the starter home zoning district, except the zoning ordinance or by-law may permit construction of an accessory dwelling unit of not more than 600 square feet on the same lot as a starter home. Accessory commercial and other non-residential uses may be allowed in a starter home district with the approval of the department.

(2) Each starter home zoning district shall incorporate sustainable development standards that apply to all starter home developments.

(3) Not less than 50 per cent of the starter homes to be developed in a proposed starter home zoning district, excluding accessory dwelling units, shall contain not fewer than 3 bedrooms.

(4) The zoning ordinance or by-law for each proposed starter home zoning district shall provide that, for any proposed development of more than 12 starter homes, not less than 10 per cent of said starter homes shall be affordable to and occupied by individuals and families whose annual income is less than 110 per cent of the area median income as determined by the United States Department of Housing and Urban Development. The zoning ordinance or by-law shall specify the mechanism by which the city or town will ensure a project complies with such affordability requirements, when applicable, and may require the execution and recording of an affordable housing restriction, as defined in section 31 of chapter 184.

(5) A proposed starter home zoning district shall not be subject to limitation of the issuance of building permits for residential uses or a local moratorium on the issuance of such permits. In addition, a proposed starter home zoning district shall not be subject to any municipal environmental or health ordinances, by-laws or regulations that exceed applicable requirements of state law or regulation and would render the development contemplated under the application for such district infeasible, as determined by the department.

(6) A starter home zoning district ordinance or by-law shall not impose restrictions on age or any other occupancy restrictions on the district as a whole or any portion thereof or project therein.

(7) Housing in a starter home zoning district shall comply with federal, state and local fair housing laws.

(8) The total land area of all starter home zoning districts in a city or town shall not exceed 15 per cent of the total land area in the city or town. Upon request, the department may approve a larger land area if such approval serves the goals and objectives of this chapter.

Last updated:	November 10, 2022