Proposed Bylaw Changes March 2017

To see if the town will approve the following changes to the Monterey Zoning Bylaws:

pg. 55 Definitions

Current

Dwelling Unit: One or more rooms constituting a separate, independent housekeeping unit establishment with cooking, living, sanitary and sleeping facilities for the use of no more than one family.

Dwelling, Single Family: A detached residential building designed for or occupied by one (1) family only, but not including mobile homes and trailers whether placed on foundations or not.

Dwelling, Multi-Family: A residential building containing two (2) or more dwelling units.

Proposed

Dwelling – Any building that contains either one or two dwelling units used, intended, or designed, to be built used, rented, leased, let, or hired out to be occupied or that are occupied for living purposes.

Dwelling, Single Family: A single unit providing complete independent living facilities for one of more persons, including permanent provision for living, sleeping, eating, cooking, and sanitation.

Dwelling, Multi-Family: A residential building containing three (3) or more dwelling units with a maximum of six (6) dwelling units allowed.

Primary Dwelling Unit (PDU):  A single family dwelling on a building lot that is a minimum of two acres with 200 feet of road frontage, and is associated with a secondary dwelling unit (SDU).

Secondary Dwelling Unit (SDU): A self-contained housing unit that is either attached to a single-family dwelling, or may be detached, is itself a dwelling unit, and is located on the same lot and complies with the provisions of this bylaw.

3.1.3 Table of Use Regulations
Multi Family dwellings (Three/3 or more.)  

4.1.2 One Dwelling Per Lot.  No more than one single-family dwelling shall exist upon any lot as a use by right.

4.1.2 Number of dwellings per building lot. As a use by right, no building lot (two acres and 200 feet of road frontage) may contain more than one primary dwelling unit (PDU) and one secondary dwelling unit (SDU). Nonconforming lots may apply for a secondary dwelling unit through a special permit from the Zoning Board of Appeals. 
 

5.1.6  Nonconforming Single and Two Family Residential Structures.  

3. Such permit application does not involve a lot containing a multi-family dwelling.

7.3 Multi-Family Dwelling

7.3.1  General.  A multi-family dwelling shall require a special permit from the Board of Appeals as set forth in the Table of Use Regulations.  A multi-family dwelling shall also be subject to the following requirements.

7.3.2  Planning Board Review. The site plan, construction plans and elevations and shall be approved in writing by the Planning Board, the Board of Health, the Conservation Commission, and the Inspector of Buildings in respect to their respective fields of responsibility.

7.3.3  Dwelling Unit Limitation. The multi-family dwelling shall contain no more than six (6) dwelling units in one building.  Plans shall contain provisions for adequate water supply, sewage disposal facilities, and roadways designed in accordance with the Subdivision Control Law.

7.3.4  Lot Area and Frontage. Lot area and frontage requirements for multi-family dwellings (three -3- or more dwelling units with a maximum of 6 dwelling units in any one building):

Land in the Lake Shore District may not be included as qualifying acreage for multi-family dwellings.

7.3.5 Setbacks.  Dwelling units, parking areas, and playing grounds shall be set back not less than one hundred (100) feet from all lot lines.

7.3.6 Conversion of Single Family Dwelling.  The conversion of a single-family dwelling into a multi-family dwelling of two three or more units, without meeting the requirements as to lot area and frontage and as to setbacks may be permitted by the Board of Appeals by special permit, provided that:

1. The single-family dwelling has not been enlarged within seven (7) years of the proposed conversion;
2. The lot area has not been reduced with a resulting acreage smaller than the minimum acreage in required above within seven (7) years of the proposed conversion;
3. Any fire escapes or outside stairways leading to a second story shall be located on any wall not facing a road and shall not occupy any part of the rear or side setback under Section 4.0; and
4. Subsequent additions or expansions are subject to an amended permit.
5. Conversion of an existing single-family residence into a mutli-family dwelling must conform to all other requirements of this Section.

9.5  Site Plan Review

9.5.1  Applicability. The following types of activities and uses require site plan review by the Planning Board:

1. Construction, exterior alteration or exterior expansion of, or change of use within, an institutional, commercial, industrial, non-municipal educational or religious use, or residential structure with two three or more dwelling units;
2. Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, non-municipal educational or religious use, or residential structure with two three or more dwelling units;
3. Common driveway pursuant to Section 7.1;
4. Large scale ground mounted solar photovoltaic facility.

6.2  Signs

6.2.7  Signs Not Requiring Permits.  

4. Signs announcing public events sponsored by civic or social organizations to be displayed for not more than fourteen (14) thirty (30) days prior to the event.  The Select Board may grant size waivers for these temporary signs.