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 Revere
 Code of Ordinances
 Title 17. ZONING
 Chapter 17.24. DIMENSIONAL REGULATIONS

  § 17.24.032. Conditions for special permit for undersized lots.  

Latest version.

  • A.

    The zoning board of appeals may grant a special permit to allow the building and use of a single-family dwelling only on an undersized lot within a residentially zoned area which does not at least meet the minimum lot area requirements of Section 17.24.010, the minimum qualifying area of Section 17.24.030(A)(2)(d) or the minimum qualifying frontage of Section 17.24.030(A)(2)(e), but only if the petitioner for such special permit is able to establish the following conditions precedent to submission of the special permit application:

    1.

    That, if the vacant lot is located in the HD zone, it shall have at least three thousand five hundred square feet and forty-foot frontage. The zoning board of appeals shall have no authority to grant a special permit for development on any lot in the HD zone which fails to meet these requirements;

    2.

    That, if the vacant lot is located in the LD zone, it shall have at least three thousand six hundred square feet and a forty-foot frontage. The zoning board of appeals shall have no authority to grant a special permit for development on any lot in the LD zone which fails to meet these requirements;

    3.

    That, if the vacant lot is located in the LL zone, it shall have at least five thousand five hundred square feet and fifty-foot frontage. The zoning board of appeals shall have no authority to grant a special permit for development on any lot in the LL zone which fails to meet these requirements;

    4.

    That, if the vacant lot does not meet the area requirements set forth in Section 17.24.010 or the minimum qualifying area of Section 17.24.030(A)(2)(d), then more than fifty percent of the parcels with residential buildings thereon within the same assessor's block as the vacant lot at issue have the same or lesser area size than the vacant lot proposed for development, and more than fifty percent of the parcels with residential buildings thereon which are owned by "parties in interest" to the special permit application as defined by M.G.L. c. 40A, Section 11 shall also have the same or lesser area size than the vacant lot proposed for development. The special permit granting authority shall set the terms for certifying that this requirement is met, and the petitioner shall be responsible for any certification fee;

    a.

    That, if the vacant lot is located within the LD zone and does not meet the area requirements set forth in Section 17.24.010 or the minimum qualifying area of Section 17.24.030.A.2.d, then the area of the vacant lot at issue must be equal to or greater than forty percent of the parcels with residential buildings thereon within the same assessor' block as the vacant lot at issue equal to or greater than forty percent of the parcels with residential buildings thereon which are owned by "parties in interest" to the special permit application by MGL c. 40A, Section II. The zoning board of appeals shall set the terms for certifying that this requirement is met, and the petitioner shall be responsible for any certification fees.

    b.

    That, if the vacant lot is located within the LD zone and does not meet the minimum frontage requirements set forth in Section 17.24.010 or the minimum qualifying area of Section 17.24.030.A.2.e, then the frontage of the vacant lot at issue must be equal to or greater than forty percent of the parcels with residential buildings thereon within the same assessor' block as the vacant lot at issue, equal to or greater than forty percent of the parcels with residential buildings thereon which are owned by "parties of interest" to be special permit application by MGL c. 40A, Section II. The zoning board of appeals shall set the terms for certifying that this requirement is met, and the petitioner shall be responsible for any certification fees.

    5.

    That, if the vacant lot does not meet the frontage requirements set forth in Section 17.24.010 or the minimum qualifying frontage of Section 17.24.030(A)(2)(e), then more than fifty percent of the parcels with residential buildings thereon within the same assessor's block as the vacant lot at issue have the same or lesser frontage than the vacant lot proposed for development and more than fifty percent of the parcels with residential buildings thereon which are owned by "parties in interest" to the special permit application as defined by M.G.L. c. 40A, Section 11 shall also have the same or lesser frontage than the vacant lot proposed for development. The special permit granting authority shall set the terms for certifying that this requirement is met, and the petitioner shall be responsible for any certification fee;

    6.

    That, with the proposed single-family structure in place, the lot meets all other set back, usable open space, maximum principal building coverage and parking requirements set forth in the zoning ordinance.

    B.

    In the event the above-described conditions precedent are met and the zoning board of appeals considers the special permit request, the height of the proposed single-family dwelling shall be no higher than the tallest residential building within the land area owned by "parties in interest" to the special permit application as defined by M.G.L. c. 40A, Section 11, but in no event shall such dwelling have a height greater than thirty feet.

    (C.O.04-339A § 3)

(C.O. 07-388, § 1, 9-24-2007; C.O. 08-46, § 1, 2-11-2008)