BYLAW: Multi-Family Special Permit

Download a .pdf file of this Bylaw

MUNICIPALITY: Amesbury, MA

DATE ADOPTED: 2004

FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Amesbury Planning Office
978.388.8100

TEXT OF THE BYLAW:

J. Multi-Family Special Permit:
1. Objectives:
The objective of this subsection are to:
a. Allow maximum flexibility for the provision of housing in Amesbury, and
b. In the Central Industrial (IC) and Central Business District (CBD) zones only, allow for mixed residential and commercial uses in existing, or expanded multistory buildings and further to allow for the conversion of existing, or expanded mixed use, industrial or commercial buildings to residential buildings.
2. Applicability:
The Planning Board may grant a special permit for dwelling units located over commercial use in existing, or expanded multi-story buildings in the Central Business District and the Central Industrial zones. In no instance, however, may a permit be granted that would allow industrial and residential uses to occupy the same structure.
3. Procedural Requirements:
These procedural requirements shall be in addition to the general requirements for a special permit specified in Section X.J of this Bylaw.
a. Pre-Application Review: Potential applicants are encouraged to meet with
the Planning Board and describe their project. The Planning Board shall
then specify the written or mapped material they may require.
b. Application: The applicant shall submit to the Planning Board an original
and ten (10) copies of all materials requested by the Planning Board, and
all materials required for a Site Plan Review as described in Section XI.C
of this Bylaw.
c. Parking Plan: Applicant for this special permit shall submit an original
and ten (10) copies of a parking plan at a scale no larger than 1"= 100 feet
which shall clearly show the relationship of off-street parking
requirements to the building concerned. Such plan shall indicate lighting
and landscaping if required by the Planning Board.
4. Permit Criteria:
a. Number of dwelling units: The maximum allowable number of units shall
be determined by the Planning Board. The decision of the Planning
Board in this regard shall consider: 1) size and location of commercial
space, if any; 2) physical limitations of building and lot; 3) provision of
off-street parking; 4) traffic conditions in the general area; and 5) other
conditions specified by the Planning Board.
b. Allowable Uses: All Commercial uses allowed by the district in which the
building is located and residential dwelling units located over commercial
uses in multi-story buildings, or conversion of existing buildings into free
standing residential buildings. Construction of new free standing
multifamily structures is not allowed.
c. Dimensional Regulations: The building and lot shall meet the dimensional
regulations for commercial or industrial uses in the zoning district in
which the building and lot are located except that the Planning Board may
Amesbury Zoning Bylaw August 27, 2004 Section XI.J page 2
increase in part or totally said dimensional regulation when, in their
opinion, the public interest would be served.
d. Parking Requirements: The Planning Board may require that off-street
parking spaces and loading requirements for commercial uses shall be the
same as required in Section VIII of this Bylaw. In addition the applicant
shall provide one and a half (1 1/2) off-street parking space for each
residential dwelling unit therein either on the lot or in a public off-street
parking area located within 500 feet of the building and lot. Applicants
planning to use public off-street parking areas to meet the requirements of
this subsection must be prepared to demonstrate that prior special permits
granted for this use do not exceed the capacity of the public off-street
parking area. The Planning Board may choose to limit the amount of
parking in public off-street parking areas, if in their opinion, there would
not be sufficient space to serve the general public.