Zoning Rights

• Under the General Laws of Massachusetts chapter 40A, known as the Zoning Act, local governments are allowed to establish zoning and land use ordinances in accordance with established procedures. Local governments have to establish a zoning board or other similar body to hear proposed zoning ordinances, allow for a period of public hearing and give the public a way to apply for variances or appeals of zoning decisions.
  
  

Districts

• Some zoning ordinances in Massachusetts divide towns into various districts or zones, each with its own distinct rules or requirements. For example, in the town of Manchester-by-the-Sea, the city's zoning ordinances create seven different zoning districts, such as Single Resident District A, residence District D and General District. In an area identified as "single residence" district, for example, land may not have more than one dwelling unit per parcel.
  
  

Limits

• Zoning ordinances also limit the manner and type of structures people can have on their property. For example, in Manchester-by-the-Sea, zoning bylaw section 5.5 states that no one can erect or alter a structure that exceeds 2 1/2 stories in height, or 35 feet, whichever is lesser. Accessory structures must be no higher than 1 1/2 stories tall, or 25 feet, whichever is lesser.
  
  

Appeals

• If you are a landowner in Massachusetts and want to use your property in a manner that is prohibited by your town zoning bylaws, you may not be completely out of luck. Each town has a board of zoning appeals to which you can submit an application for a zoning variance. For example, the town of Amesbury has a board of zoning appeals that meets on the fourth Tuesday of every month. Those seeking a variance must submit the appeal 30 days prior to the meeting date.