Table 1: Zoning Ordinance Comparison for Non-Condo
Single-Family/Two-Family Homes in Residence Districts as of 12/1/20
(Specs exclude rear lots; Count excludes condos &
exempt homes; S.P. = Special Permit)
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% of all
Single/Two family detached homes built before 1954 [1]
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81% Detached Single/Two-family Homes were built
before 1954
Median Year Built = 1930
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Average
FY19 Value of all Single/Two Family Homes by Component
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Average Building Value= 487K ; Average Land
Value=656K
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Residential Zoning District Specifications for One/Two Family
Houses
(SR1,SR2,….R4,N refer to Zoning Districts)
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Current
Zoning Ordinance
Most Recent (2/28/20) Adopted Version
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|
Proposed New Zoning Ordinance V3
(8/7/20, 9/11/20, 9/24/20) Drafts
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SR1
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SR2
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SR3
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MR1
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MR2
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MR3
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R1
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R2
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R3
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R4
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N
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Number
of Non-Condo Single/Two-Family homes in Residence District
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1,649
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7,906
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6,264
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2,887
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911
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40
|
|
3,471
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11,740
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3,833
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526
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111
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Single/Two family detached homes by right
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Single-Family
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Single/Two
Family
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Ambiguous
[2]
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Single/Two Family
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Single-Family attached homes
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Allowed in all Residence Districts with Special
Permit, subject to restrictions in Section 6.2.3
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Townhouse Sections allowed in N Residence
District. No other attached side-by-side house types allowed.
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"House Type" (A,B,C,D, Duplex) allowed in district;
House Types are assigned to each lot based only on current house on lot and
district. A, B, C, D are assigned to
existing single-families. The Duplex type is assigned to vertical (not
side-by-side) two-families. The 277 side-by-side two families are not a valid
house type in the proposed zoning, but are included in the counts.
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No
"House Type" assignments or restrictions in current zoning
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A,B,C,D
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B,C
D [S.P.]
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B,C, Duplex
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Maximum
Residential Units Allowed Excluding Multi-Unit Conversions and Accessory
Apartments
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1
unit for Single-Family/2 units for Two-Family
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1 unit House Type C, 2 units Duplex, Ambiguous
maximum (1 or 2) units for House Types
A,B,D [2]
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Multi-Unit Conversion Allowed for homes with required min sq.
ft. dimensions assuming 100% residential use. Note that required minimum areas per converted unit
is affected by nonresidential use in building in proposed zoning.
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Conversion
allowed to more than single family with SP for homes A) in existence on
12/2/1974, B) meeting lot size/unit
and "New Lot" frontage mins. [3.1.11]
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Conversion
allowed to more than two family with SP for homes A) in existence on 5/7/79,
B) with lot size >=5K/family [3.2.13]
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Multi-unit Conversion allowed by right up to 6
units for House Types A,B,D: 1,200 sq. ft. required for each regular
residential unit; 900 sq. ft. required for units with 100%
Affordable/Sustainable Design Standard. More units allowed with S.P. [3.5.2
in 8/7/20 Draft.]
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Accessory
Apartments by right
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Allowed
within, or on the lot of, single and two family detached houses in all
residential districts, subject to size restrictions [Sec 6.7.1]
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Internal accessory apartments allowed by right,
detached allowed with S.P. [3.6.2 in 8/7/20 Draft]
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Parking
Requirements
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Two
Spaces per Residential Unit
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None Required for One or Two Units
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Driveway
Specifications
(Proposed Ordinance: 9/24/20 Draft)
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None
Specified
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Driveways must be <=10' wide at property
line AND must be 3' from side set-back line. No parking allowed between the
building front elevation and the street.
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Special Permit Granting Authority V1,V2 [3]
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City Council after a review
process conducted by the City Council's Land Use Committee.
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Planning Board appointed by Mayor
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Section 6 rulings dealing with nonconforming
structures and uses
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Zoning Board of Appeals (ZBA) appointed by
Mayor
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Maximum Number of Stories
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2.5
stories by right ; 3 stories with S.P.
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2.5 stories for House Type A,B; 1.5 stories for
C, 1 story for D; 2.5 stories for Duplex
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Maximum Building Footprint in Sq. Ft.
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None
Specified
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House Type A=2,400; House Type B=1,400; House
Type C=1,200; House Type D=2,300; Duplex=1,800
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Minimum
House Front Width
(Proposed Ordinance: 9/11/20 Draft)
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None
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House Type A: None
Other House Types: Max of 12' or 25% of lot width for R* Districts (40% for
N)
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Minimum FRONT setback [4]
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On
or after 12/7/53
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40'
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30'
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25'
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15'
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25'
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20'
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10'
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5'
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0'
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Before 12/7/53
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25'
|
15'
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Maximum
FRONT setback
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None
Specified
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None
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40'
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35'
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25'
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Minimum SIDE setback for detached homes
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On
or after 12/7/53
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20'
|
15'
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10'
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7.5'
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20'
|
12.5'
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10'
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7.5'
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Before 12/7/53
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12.5'
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7.5'
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Minimum
REAR Setback
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25'
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15'
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40'
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30'
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20'
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15'
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Minimum Lot Frontage for detached homes [5]
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On
or after 12/7/53
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140'
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100'
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80'
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80'
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60'
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50'
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40'
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Before 12/7/53
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100'
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80'
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70'
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Maximum
Lot Frontage
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None
Specified
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None
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110'
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100'
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Lot size minimum for Detached Homes in Sq. Ft. [5]
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On
or after 12/7/53
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25K
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15K
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10K
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All lot minimums and FAR specifications
removed in proposed new ordinance
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Before 12/7/53
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15K
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10K
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7K
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Lot size minimum per unit
in Sq. Ft. [5]
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On
or after 12/7/53
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25K
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15K
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10K
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5K
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Before 12/7/53
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3.5K
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Home Floor To Lot Area (FAR) Ratio Maximum
applies to all single and two family homes, except rear lots : Formula based
limit that decreases max FAR with increased lot size. 3 SELECTED ranges
given. [6]
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Lots
< 5K SF
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0.46
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0.46
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0.48
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0.58
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Lots
>=7K SF
and <15K SF
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0.31
to 0.43
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0.33
to 0.43
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0.38
to 0.48
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0.48
to 0.53
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0.43 to
0.53
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Lots
>=25K SF
|
0.26
|
0.33
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0.36
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0.38
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[1] Newton has approx. 19,809 single/two-family
homes, excluding condos and exempt homes. Of these non-condo homes, 19,657
are in Residence Districts in the current zoning and 19,681 are in Residence
Districts in the proposed zoning.
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[2] 8/7/20 Draft of proposed Article 3 specifies
a "Maximum of (1 or 2) Residential Unit" in House Type's A,B,D. If
the specification was a "Maximum of 2 Units," this would mean that
two-families were allowed by right in all zoning districts. By stating it as
a "Maximum of (1 or 2)" units, however, it's ambiguous whether the
Draft is allowing 2 units in House Types
A,B,D in R1,R2. The specification is also accompanied by the confusing
explanatory note that "Allowing two-units within
these residential House Types can help achieve the City Council goals of
increasing housing opportunity (citywide) in a form that matches and responds
the existing residential building forms within Newton’s neighborhoods." This makes it ambiguous
if V3 is specifying or suggesting by right two-families.
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[3] The change in Special Permit Granting
Authority (SPGA) to the Planning Board (for projects < 20,000 Units) appears in 3.1.1.D in V1, V2.
However, in V3, this is now marked "Reserved" with the explanatory
note that "The Planning Department recommends that
the discussion on who is the Special Permit Granting Authority, and at what
scale of project, to happen when taking up Article 11 – Administration."
Since the
SPGA has not been respecified and the single/two-family nonconformity rates
are so HIGH, NewtonRezoning.org is keeping the SPGA V1,V2 spec in the
table.
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[4]
References to 12/7/53 refer to lot creation dates. Assessors Database
does not have lot dates, only "Year Built" for homes.
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[5] In current ordinance, nonconformity in
frontage or lot size does NOT trigger any special permit requirement for
existing single and two family house construction [Section 7.8.2.A.1.a], but
does limit lot subdivision and conversions.
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[6] In current ordinance, FAR (floor-to-area) is
used to limit oversized houses. FAR could be adjusted downward in current
ordinance to further limit size of new construction. Three selected FAR
specification ranges are listed. Actual FAR tables have more range
specifications.
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