Zoning Requirements

(1) A Seasonal Community shall amend its Zoning to allow the following uses As of Right in Single-family Residential Zoning Districts, in accordance with the procedures for Zoning adoption and amendment set forth in M.G.L. c. 40A: (a) A Seasonal Community shall amend its Zoning to allow Tiny Houses As of Right in Single-family Residential Zoning Districts, provided that such As of Right Zoning for Tiny Houses shall include the following: 1. A requirement that Tiny Houses shall be Year-round Housing Units; 2. A requirement that Tiny Houses shall comply with all applicable requirements of the Building Code and all applicable requirements of the Local Building Code, if any; and 3. Provisions that may allow or further regulate Movable Tiny Houses. (b) A Seasonal Community shall amend its Zoning to allow Attainable Housing Units on Undersized Lots As of Right in Single-family Residential Zoning Districts, provided that such As of Right Zoning for Attainable Housing Units on Undersized Lots shall require the following: 1. As of Right Zoning for Attainable Housing Units on Undersized Lots established pursuant to this section shall, at a minimum, allow Attainable Housing Units As of Right if the Undersized Lot is at least 10,000 square feet or 25% of the minimum lot size for the Single-family Residential Zoning District where the Undersized Lot is located, whichever is greater; provided, however, that nothing in 760 CMR 76.04 prohibits a Seasonal Community from establishing more permissive Lot size requirements for the As of Right development of Attainable Housing Units on Undersized Lots. 2. As of Right Zoning for Attainable Housing Units on Undersized Lots established pursuant to this section shall not require more than one foot of Setback for every 1,000 square feet of Lot size; provided however, that in no event shall a Setback requirement exceed 15 feet and in no event shall a Frontage requirement exceed 20 feet; and provided further, that nothing in 760 CMR 76.04 prohibits a Seasonal Community from establishing more permissive Setback requirements for the As of Right development of Attainable Housing Units on Undersized Lots. 3. Any single-family residential Dwelling Unit allowed As of Right on an Undersized Lot under Zoning established pursuant to 760 CMR 76.04 shall: a. to the extent required by the Seasonal Community, adhere to any applicable floor to area ratio requirements of the Seasonal Community and b. comply with all applicable federal, state, regional and municipal laws or regulations governing wastewater and sewer systems, provided that anysuch regional or municipal law or regulation shall not be more restrictive than any federal or state law or regulation, unless a more restrictive regional or municipal law or regulation is necessary to address one or more specific and articulable concerns directly related to public health, safety or welfare and such concerns cannot reasonably be mitigated by alternative means. 4. Any Dwelling Unit, whether an Attainable Housing Unit, or otherwise, that is built on an Undersized Lot under Zoning created pursuant to 760 CMR 76.04(1)(b) shall be subject to a Year-round Occupancy Restriction and shall comply with any applicable prohibitions, limitations, or other requirements of the Seasonal Community related to seasonal homes, as defined by the Seasonal Community, or short-term rentals, as defined bythe Seasonal Community, provided that in no event shall a Seasonal Communityallow the use of any Dwelling Unit on an Undersized Lot as a seasonal home or short-term rental for less than six months in a year. (c) Nothing contained within 760 CMR 76.00 is intended to supersede or conflict with any federal law which may be applicable to Zoning adopted by a Seasonal Community pursuant to 760 CMR 76.04. (2) A Seasonal Community shall: (a) Submit to EOHLC the text of Zoning adopted pursuant to 760 CMR 76.04(1) in the following manner: 1. for Seasonal Communities subject to Attorney General review and approval pursuant to M.G.L. c. 40, § 32, no later than 60 days from final Attorney General action on the submission; or 2. for Seasonal Communities not subject to Attorney General review and approval pursuant to M.G.L. c. 40, § 32, not later than 60 days from adoption by the Seasonal Community. (b) Maintain a record of all development permitted under such Zoning established pursuant to 760 CMR 76.04(1), which shall include, but not be limited to, the address, gross floor area, and any income restrictions that apply to Dwelling Units developed under such Zoning, and make such record available to EOHLC upon request.